Hayes v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Smith, J.:

Hayes, the plaintiff, loaded twenty-five head of fat cattle at a loading chute at Norman, Miami county, which is about two miles from Paola, the nearest station on the defendant’s line of railroad. No agreement in regard to the shipment appears to have been made, except such contract as the law implies. The train, including the cattle accompanied by the plaintiff, was drawn to the station at Paola, and the plaintiff aroused the defendant’s agent and asked to have a contract written up while he was getting some breakfast. This was done. The…