Stratton v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action for statutory damages for failure and delay in furnishing cars for the shipment of wheat. The action is founded on the reciprocal demurrage act (R. S. 66-201 et seq.), and included in plaintiffs’ demand was an item of $25 for attorneys’ fees in each of the two counts of the petition.

Plaintiffs’ cause of action was set out in a bill of particulars and filed before a justice of the peace. The defendant filed no pleadings. When the case came to the district court on appeal no further pleadings were filed, the cause being…