Chicago Great Western Railway Co. v. Dunlap

Citations

• 71 Kan. 67
• 80 P. 34
• 1905 Kan. LEXIS 91

Syllabus

<p>SYLLABUS BY. THE -COURT.</p> <p>1. Railroads — Non-delivery of Freight. In an action against a railroad company for the non-delivery of goods shipped over its line the burden is on the defendant to plead and prove any special agreement it may have limiting its liability as a common carrier.</p> <p>2. -Burden of Proof. Before a common carrier can claim immunity from the loss of goods delivered to it for carriage by reason of a special agreement it must show that the agreement relieved it from the wrongful acts charged in the petition.</p>