Koster v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Mason, J.:

Frank Koster sued the Atchison, Topeka & Santa Fe Railway Company on account of injuries received while riding in the caboose of a train on which he was shipping live stock. The petition was filed more than six months after the injury occurred, *110and judgment was rendered for the defendant on the ground that the shipping contract required such an action to be brought within that time, if at all. The shipment was interstate, and no doubt of the validity of the contract is suggested, the sole- controversy relating to its interpretation. It is in…