Missouri, Kansas & Texas Railway Co. v. Fry
Supreme Court of Kansas
Error from Woodson district court; Oscar Foust, judge. STATEMENT. In an action against the Missouri, Kansas & Texas Railway Company J. H. Fry sought to recover damages for an alleged delay in the shipment of 107 head of cattle from Neosho Falls to Kansas City, Mo. The cattle were loaded in five cars, two of which contained forty-four head consigned to a commission company at Chicago, with the privilege of the Kansas City market.
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Error from Woodson district court; Oscar Foust, judge. STATEMENT. In an action against the Missouri, Kansas & Texas Railway Company J. H. Fry sought to recover damages for an alleged delay in the shipment of 107 head of cattle from Neosho Falls to Kansas City, Mo. The cattle were loaded in five cars, two of which contained forty-four head consigned to a commission company at Chicago, with the privilege of the Kansas City market. The remaining cattle- were consigned to the same commission company at Kansas City. The contracts for the transportation of the cattle were in writing, copies of…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
Three assignments of error are urged: (1) Overruling the demurrer to plaintiff’s evidence; (2) error in instructions; (3) denying the motion for a new trial. The first error, the overruling of the de-. murrer to the evidence, is based wholly upon the contention that the written contracts, which were made parts of the petition, contained certain provisions which under the admitted facts and evidence prevented a recovery by plaintiff. The contracts are what are known as “special live-stock contracts,” and contain the following provision:
“The…
2Cases cited3 opinions
- Goggin v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1874
- Sprague v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1885
- Atchison, Topeka & Santa Fe Railway Co. v. PooleSupreme Court of Kansas · 1906
3Cited by12 opinions
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
- St. Louis S. F. R. Co. v. ZickafooseSupreme Court of Oklahoma · 1913
- Patterson v. Missouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Darling v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1907
- Atchison, Topeka & Santa Fe Railway Co. v. WrightSupreme Court of Kansas · 1908
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