Star Grain & Lumber Co. v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Smith, J.:

This action was brought in the district court of Shawnee county to recover a number of forfeitures or penalties under the provisions of chapter *282345 of the Laws of 1905 (Gen. Stat. 1909, §7201), kzxwn as ('he mutual demurrage law. The case was "trk-i to the court without ¡a jury, findings of fact and conclusions of law were made, and judgment was rendered for plaintiff as to a portion of the items claimed and was refused as to the remainder. The railroad company appeals. The company first moved to strike out the counts of the petition…