Missouri Pacific Railway Co. v. Phelps

The opinion of the court was delivered by

Mahan, P. J. :

This was an action against the railway company for damages alleged to have been occasioned to a car-load of bananas consigned to plaintiff’s assignor,- by reason of the failure of the railway company diligently to perform its duties and obligations under its contract as carrier,, in not promptly delivering or carrying the car from Kansas City, Mo., to Leavenworth, Kan. The delay occasioned by this failure resulted in the loss of the fruit.

The petition further alleged that upon the arrival of the car at Kansas City, and its delivery to the…