Bennett v. Missouri-Pacific Railway Co.

Citations

• 100 Kan. 537
• 164 P. 1084
• 1917 Kan. LEXIS 369

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carrier — Connecting Carrier — Deviation from Contract Route — Liability for Damages. A railroad company undertook by a stipulation in a bill of lading to carry grain to a certain point and there deliver it to another carrier, by which it was to be transported to destination; but the company failed to transport and deliver the grain to the connecting carrier, as it had agreed to do. It forwarded the grain in another way, which occasioned loss to the shipper. Held, in an action brought by the shipper against the railroad company for breach of contract, that the company is liable for the loss resulting from its failure to comply with the agreement stipulated in the bill of lading.</p> <p>2. Same — Evidence—Findings. The evidence is held to be sufficient to' sustain the findings and judgment of the trial court.</p>