Farmers Grain & Mercantile Co. v. Union Pacific Railroad

Citations

• 103 Kan. 527
• 175 P. 599
• 1918 Kan. LEXIS 314

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Shipping Contract — Recital in Bill of Lading■ — Not Conclusive. A recital in a bill of lading that a shipment covered thereby is made under a particular order for a car is evidence of the facts stated in the recital, but it is not conclusive evidence' thereof and may be rebutted.</p> <p>2. Same — Delay in Furnishing Cars — “Exemplary Damages” — Instructions. In an action to recover the exemplary damages named in section 8423 of the General Statutes of 1915, it is error for the court to refuse to give an instruction that the plaintiff cannot recover if the shipments were to be a part of interstate commerce, where the evidence is not clear as to whether or not the shipments were to be made to points within or without the state.</p> <p>3. Same — “Exemplary Damages” as Prescribed by Statute. The exemplary damages named in section 8423 of the General Statutes of 1915 are not such damages as have been termed exemplary in actions in which it has been held that such damages cannot be recovered unless actual damages are proved.</p> <p>4. Same — Application for Cars — Deposit of Money by ShippeWhere a person makes a written application to a carrier for a car, under section 8421 of the General Statutes of 1915, and the carrier does not require any deposit to be made as prescribed by section 84£4, and the applicant does not tender any deposit, it is for the jury to determine whether the- applicant elected to order the car without making such deposit.</p> <p>5. Same — .Milling-in-transit Privileges — Shipment Not Rendered Interstate Commerce. A milling-in-transit privilege on a ear of grain shipped from one point to another point within this state, where all ' connection of the shipper with the grain ceases at such point, does not render the shipment interstate commerce, although the consignee at the. point of destination may, under the milling-in-transit privilege, ship the grain, or its product, to a point outside the state.</p>