Andrews v. Union Pacific Railroad

Citations

• 99 Kan. 347
• 161 P. 600

Syllabus

<p>SYLLABUS BY THE' COURT.</p> <p>1. Shipment op Grain — From Kansas — Consigned to Point in Missouri— Reconsigned in Transit to Point in Kansas — Interstate Commerce. A shipment of grain from a point in Kansas consigned to a point in Missouri was sold by the consignee to a dealer for delivery in Kansas before it had reached the state line. It was subsequently taken across the state line and back again to an elevator in Kansas, where it was unloaded. Held, that the shipment constituted interstate commerce.</p> <p>2. Same — Loss from Interstate Shipment — Recoverable Only Under Fed- ' eral Law. A recovery for the loss of property received for transportation in interstate commerce is provided for by a federal law which superseded state statutes on the subject and must be based on that law, but an instruction of the court advising the jury that the recovery for the loss might rest on compliance with the terms of a state statute does not require a reversal of the judgment fixing the amount of the loss since it appears that the erroneous instruction could not have prejudiced the substantial rights of the defendant.</p> <p>3. Same — Loss Recovered Under Federal Law — Attorney’s Fee Invalid. The allowance of an attorney’s fee in the action to recover the loss and for which provision is made in a state statute is unwarranted and invalid.</p>