Atchison, Topeka & Santa Fe Railway Co. v. Boyle Commission Co.

Citations

• 104 Kan. 166
• 178 P. 614
• 1919 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Shipment of Potatoes — Commission Company Both Consignor and Comignee — Liable for Freight. In an action by a railroad company against a commission company for the freight charges on a carload of potatoes consigned to the latter, the sole question in controversy being whether the defendant or the owner of the potatoes was the consignor, the defendant maintained that, while it had made the shipment, it did so as the agent of the owner of the potatoes, and not in its own behalf, but admitted that at the time they were being loaded into the car it advanced $60 to the owner on them. Held, that a finding was justified that the defendant was the consignor and was liable for the freight.</p> <p>2. Same. It is further held' that, even assuming that the defendant in making the shipment was acting solely as the agent of the owner, the evidence did not compel a finding that the plaintiff had knowledge of that fact.</p>