Palmer v. Atchison, Topeka, & Santa Fé R.R.

Searls, C.—

This action was brought to recover from defendant, a corporation and a common carrier, damages sustained by plaintiff by reason of the alleged failure of defendant to transport from Kansas City, Missouri, to San Diego, California, and deliver to the plaintiff, within a reasonable time, five carloads of furniture. Plaintiff had a verdict for one thousand dollars, upon which judgment was entered. Defendant appeals from the judgment and from an order refusing a new trial.

Plaintiff’s recovery was founded upon the second count of his complaint. To this a demurrer was interposed which…