Union Pacific Railroad Co. v. Kansas City Transit Co.

CROSS, Presiding Judge.

This is an action to enforce a contract obligation. A jury waived trial of the case resulted in a judgment that plaintiff Union Pacific Railroad Company recover of defendant Kansas City Transit Company, Inc. the sum of $8,378.39, with interest, a total of $10,263.52, as and for defendant’s agreed contributive share of the cost of repairing a viaduct approach. Defendant appeals.

Plaintiff, hereinafter generally referred to as “Union Pacific” is a railroad corporation engaged in interstate commerce as a common carrier of passengers, goods and merchandise. Defendant,…