Brown v. Missouri, Kansas & Texas Railway Co.

Citations

• 83 Kan. 574
• 112 P. 147
• 1910 Kan. LEXIS 584

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Findings of Fact — Referee—Amendment by the Court. Findings of fact returned by a referee may be amended by the court, at least in any case where the changes merely reflect the different view of the court as to the effect of testimony accepted by the referee as truthful.</p> <p>2. Railroads — Weight of Shipment in Bulk — Bill of Lading Prima Facie Evidence — Connecting Carriers. Where coal is shipped by rail in bulk the weights stated in the bill of lading are prima facie evidence of the amount received, in favor of the consignee, against the initial carrier or a connecting carrier that collects charges upon the basis of such statement, notwithstanding such weights were reported by the consignor to the carrier and adopted by it without verification, and notwithstanding the bill of lading contains the words “weights subject to correction.”</p> <p>3. - Coal Lost in Transit — Evidence. In an action by a consignee to recover for coal lost in transit the plaintiff’s evidence held insufficient to show that such losses occurred before delivery to him.</p>