Atchison, Topeka & Santa Fé Railroad v. Richardson
Supreme Court of Kansas
Error from, Sedgwick Court of Common Pleas. Richardson, Simon & Co. brought this action in the district court of Sedgwick county, (which action was transferred to the court of common pleas of said county,) against the Atchison, Topeka & Santa Fé Railroad Company, alleging that on the 31st day of March, 1886, at Leavenworth, they delivered to the Leavenworth, Topeka & Southwestern Railway Company 135 barrels of apples, consigned to themselves at San Francisco, Cal.; that in…
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Error from, Sedgwick Court of Common Pleas. Richardson, Simon & Co. brought this action in the district court of Sedgwick county, (which action was transferred to the court of common pleas of said county,) against the Atchison, Topeka & Santa Fé Railroad Company, alleging that on the 31st day of March, 1886, at Leavenworth, they delivered to the Leavenworth, Topeka & Southwestern Railway Company 135 barrels of apples, consigned to themselves at San Francisco, Cal.; that in consideration of $40.50 paid to said Leavenworth, Topeka & Southwestern Railway Company by the plaintiffs, said company…
1Opinion of the Court
The opinion of the court was delivered by
AlleN, J.:
An elaborate brief is filed on behalf of the plaintiff in error, but there is no appearance in this court by the defendants in error. It appears from the plaintiffs’ petition that the shipments were made under written contracts, by the *161terms of which the liability of the company as a common carrier was limited to its own line of road. There is no attempt to allege or prove any other or different contract from that contained in the shipping bills. Although the jury found in answer to special questions that there was a through contract to…
2Cases cited2 opinions
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
- Berg v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
3Cited by1 opinion
- Hoffman v. Union Pacific Railway Co.Court of Appeals of Kansas · 1899