Missouri Pacific Railway Co. v. Wichita Wholesale Grocery Co.
Supreme Court of Kansas
Error from Sedgwick Court of Common Pleas. On tlie 26th of September, 1889, The Wichita Wholesale Grocery Company commenced its action against The Missouri Pacific Railway Company, alleging, among ■other things, that on the 20th of April, 1889, the railway company was a common carrier, operating a railway in and through the city of Wichita, in this state ; that it received on that date two car-loads of sugar of the value of $6,252.50, from the St. Louis & San Francisco…
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Error from Sedgwick Court of Common Pleas. On tlie 26th of September, 1889, The Wichita Wholesale Grocery Company commenced its action against The Missouri Pacific Railway Company, alleging, among ■other things, that on the 20th of April, 1889, the railway company was a common carrier, operating a railway in and through the city of Wichita, in this state ; that it received on that date two car-loads of sugar of the value of $6,252.50, from the St. Louis & San Francisco Railway Company, in the city of Wichita, at the point of intersection of that railroad with the railway of the defendant, to…
1Opinion of the Court
The opinion of the court was delivered by
Allisn, J.:
Three principal questions are presented by the record which include all the various matters discussed in the briefs, and will be all it will be necessary for us to consider.
I. Did the defendant company incur the liability of a common carrier under the facts of this case? The sugar was consigned by the Louisiana Sugar Refining Company at New Orleans to the plaintiff at Wichita, and transported over the Texas & Pacific and St. Louis *529& San FTancisco railroads to. Wichita. It was there placed on the Y, and switched by the Missouri Pacific road…
2Cases cited5 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- L. L. & G. Railroad v. MarisSupreme Court of Kansas · 1876
- Pindell v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- Scheu v. . BenedictNew York Court of Appeals · 1889
3Cited by19 opinions
- West v. WhiteheadCourt of Appeals of Texas · 1922
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Michalitschke Bros. & Co. v. WellsCalifornia Supreme Court · 1897
- Galveston, Harrisburg & San Antonio Railway Co. v. American Grocery Co.Texas Supreme Court · 1931
- State ex rel. Winnett v. Union Stock Yards Co.Nebraska Supreme Court · 1908
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