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

Citations

• 74 Kan. 137
• 85 P. 820
• 1906 Kan. LEXIS 21

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Wrongful Refusal to Deliver Freight. A railway company received a shipment of freight with the freight charges paid in advance., At the point of delivery its local agent demanded payment by the consignor of additional freight charges under a different classification, and also payment of a former freight bill which he conceived to be due the company from the same consignor for a previous shipment of the same article, and refused to deliver the shipment unless these additional sums were paid. After withholding possession for seven days the company made delivery without requiring payment of either claim. Held, in an action for damages, that the demand for payment of charges for a former shipment and refusal to deliver unless such demand was complied with render the withholding unlawful and preclude any inquiry into the merits of the other demand, and the company is liable for the value of the use of the shipment for the time it was unlawfully withheld.</p>