Kirby v. Union Pacific Railroad

Citations

• 94 Kan. 485
• 146 P. 1183
• 1915 Kan. LEXIS 112

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Railroads — Negligence—For Determination of Jury. The rule followed that disputed facts tending to show negligence are properly for the consideration of the jury.</p> <p>2. Same — Interstate Shipment — Change of Destination — Interstate Commerce. A carload of goods and live stock consigned from a point in Oklahoma to a point in Kansas, but final destination altered en route, is a shipment in interstate commerce.</p> <p>3. Same — Contract Limiting Liability for Damages Valid. - Where a carload of emigrant goods and live stock is shipped by rail from Crescent, Olda., to Hill City, Kan., but the point of destination is altered by order of the shipper at Salina, Kan., to Buffalo Park, Kan., the entire transportation is governed by the regulations of interstate commerce, under which a carrier may limit his liability for damages to the reasonable value of the property deglar.ed in the shipper’s contract. Following Metz v. Railway Co., 90 Kan. 460, 135 Pac. 667; Adams Express Co. v. Croninger, 226 U. S. 491.</p>