Atchison, Topeka & Santa Fe Railway Co. v. Madden, Sykes & Co.

COFFER, Chief Justice.

Appellees instituted this suit in the District Court to recover the value of certain merchandise alleged to have been shipped from Chicago over the line of appellant’s road and destined to Ardmore, I. T., and which, it was alleged, had never been delivered. -Appellant answered by general demurrer, general denial, and especially that if said goods were delivered to appellant and thereafter lost, the loss was not occasioned by its negligence, but said goods had been injured and destroyed in a flood of the Haw and Missouri rivers at Kansas City, Missouri, which submerged…