L. A. Watkins Merchandise Co. v. Missouri, Kansas & Texas Railway Co.

Citations

• 82 Kan. 308
• 108 P. 116
• 1910 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Liability to Shippers for Injury to Goods. Except as limited by the terms of the bill of lading, the liability of a railway company is for all losses of goods intrusted to it for shipment, except those occasioned by the act of God, the public enemy or the contributing negligence of the shipper.</p> <p>2. -Notice of Injury and Claim for Damages. The failure to instruct the jury as to a stipulation in the bill of lading providing that a shipper shall present any claim for loss or damages to the railway company within thirty days after it has been sustained is not a ground for reversal where it appears that the railway company had acquired full knowledge of the loss within a few minutes after it occurred and upon learning the cause of the loss had instituted negotiations to provide for the payment of the same, and where it denied liability for the loss upon other grounds than a lack of demand.</p>