Chicago, Rock Island & Pacific Railway Co. v. Theis

Citations

• 96 Kan. 494
• 152 P. 619
• 1915 Kan. LEXIS 418

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Shipment — Action for Balance Due on Rates — Cross-demand Pleaded by Defendant Not Available as a Set-off. Section 102 of the civil code allowing cross-demands notwithstanding the statute of limitations is not applicable to a set-off for damages where a special contract between the parties prescribed conditions precedent to a claim for damages and provided that a failure to comply with those conditions would bar a recovery.</p> <p>2. Same— Schedules of Interstate Rates as Filed, Valid. Interstate Commerce Commission Joint Stock Cattle Tariff, No. 3269, effective May 2, 1905, participated in by twenty-five railroads, including the plaintiff, and filed and approved by the Interstate Commerce Commission, examined and held to conform to section 6 of the interstate commerce act as amended by the act of June 29, 1906 (Part 1, 34 TJ. S. Stat. at Large, ch. 3591, § 2, p. 586) requiring plainness of statement and printing so far as it related to carload rates of cattle from Groom, Tex., to Meade, Kan.</p> <p>3. Same — Damages on Previous Shipment Not a Proper Set-off. Defendant shipped twenty-seven carloads of cattle from Groom, Tex., to Meade, Kan., over the lines of plaintiff and connecting carriers. The rate charged was $35 per carload. The lawful rate was $47.50 per carload. In an action to recover the undercharge of $12.50 per car, a set-off can not be allowed for damages on another shipment of cattle where such other shipment was made under a contract prescribing conditions precedent to the allowance of damages when those conditions were disregarded.</p>