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

Citations

• 78 Kan. 490
• 97 P. 465
• 1908 Kan. LEXIS 91

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.Proximate Cause — Injury to Freight- — -Negligent Failure to Deliver — Act of God. As between the unjustifiable and negligent failure to deliver goods from a freight-depot upon demand at a time when there was no reasonable ground to apprehend damage by flood, and an unprecedented flood which a day later submerged the depot and the goods, to the damage of the latter, the flood, the act of God, and not the negligent omission to deliver, is the proximate cause of the damage.</p>