Atchison, Topeka & Santa Fe Railway Co. v. Canton Milling Co.

Citations

• 70 Kan. 766
• 79 P. 656
• 1905 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Action for Shortage on Grain — Aet of 1893 Construed.. Section 7 of chapter 100, Laws of 1893 (Gen. Stat. 1901, §5944), providing that no defense to an action against a railway company for the recovery of loss or shortage on grain received by it for transportation by reason of the same’s having occurred on. the line of some other company to which it may have been transferred, or which may have received it for shipment, shall be admitted to be made unless all the facts and circumstances of such loss or shortage so occurring on such other line shall be fully set forth in written pleadings filed by the shipping company, and affirmatively and fully proved by it, has no application to cases against the initial carrier growing out of shipments, of grain made under contracts with it signed by the shipper, in which the carrier’s liability is limited to transportation to the-end of its own line, and delivery there to connecting carriers.</p>