Harold v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 93 Kan. 456
• 144 P. 823
• 1914 Kan. LEXIS 455

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bill op Lading — Innocent Holder — Conclusion Against Carrier — Delay in Shipping Corn — Damages. The rule which invests the innocent holder of a bill of lading with rights not available, to the shipper, declared in Savings Bank v. A, T. & Santa Fe Rid. Co., 20 Kan. 519; Railway Co. v. Hutchings, 78 Kan. 758, 99 Pac. 230; and Hutchings v. Railway Co., 84 Kan. 479, 114 Pae. 1079, is followed in a case where the plaintiff purchased corn described in a bill of lading, and paid the shipper’s draft attached to the bill in the usual course of business.</p> <p>2. Same — Shortgage on Grain Shipment — Attorney’s Fee. The provisions of section 7107 of the General Statutes of 1909, allowing an attorney’s fee upon the prosecution of claims for damages against a railway company for shortage on shipments of grain, seed, or hay, are not obnoxious to the federal regulation of interstate commerce.-</p>