Udall Milling Co. v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Appeal from Cowley district court; Carroll L. Swarts, judge. STATEMENT. THIS action was brought to recover amounts alleged to have been forfeited by the failure of the railway company to furnish cars demanded by' the Udall Milling Company for the shipping of freight between Udall and other points in Kansas. In their petition the milling company alleged that they had made eight different applications for cars, which .the railway company did not furnish.
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Appeal from Cowley district court; Carroll L. Swarts, judge. STATEMENT. THIS action was brought to recover amounts alleged to have been forfeited by the failure of the railway company to furnish cars demanded by' the Udall Milling Company for the shipping of freight between Udall and other points in Kansas. In their petition the milling company alleged that they had made eight different applications for cars, which .the railway company did not furnish. Based on these refusals, they set forth eight counts in their petition. A demurrer was sustained as to the first, second, seventh and eighth…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The first question arising on the appeal is whether the third cause of action stated in the petition was barred by the statute of limitations. It arises under the reciprocal demurrage act, which provides that if the application of the shipper be for ten cars or less the railway company must furnish them within three days from the time of demand, and that a railway company failing to furnish them within that time shall forfeit $1 per day for each car it fails to furnish. (Laws 1905, ch. 345'; Gen. Stat. 1909, § 7200 et seq.) In this case…
2Cases cited11 opinions
- Houston & Texas Central Railroad v. MayesSupreme Court of the United States · 1906
- Rector Church Wardens of Trinity Church v. VanderbiltNew York Court of Appeals · 1885
- Patterson v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1908
- State Savings Bank v. JohnsonMontana Supreme Court · 1896
- Wells v. CooperSupreme Court of Connecticut · 1888
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3Cited by11 opinions
- Chicago, R. I. & P. Ry. Co. v. BeattySupreme Court of Oklahoma · 1911
- Spencer v. SowersSupreme Court of Kansas · 1925
- Fulton v. Loew's, Inc.District Court, D. Kansas · 1953
- Bourquin v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1912
- Slater v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
6 more not listed; retrieve them via the Exa API.