The Ismert-Hincke Milling Company v. The Union Pacific Railroad Company

HUXMAN, Circuit Judge.

This action was instituted in the United States District Court for the District of Kansas by the Ismert-Hincke Milling Company, herein called the Shipper, against the Union Pacific Railroad Company, herein called the Carrier, to collect $60,320.81, together with interest and attorney’s fees for loss suffered to shipments of goods by flood waters in Carrier’s Topeka, Kansas, Yards, during the 1951 flood. The ultimate issue was whether the loss was caused simply by an act of God or whether the negligence of the Carrier in failing to remove the shipments from the flood…