McCullough v. Missouri Pacific Railway Co.

Citations

• 98 Kan. 710
• 160 P. 214
• 1916 Kan. LEXIS 171

Syllabus

<p>SYLLABUS BY .THE COURT.</p> <p>1. Common Carrier — Misrouting Interstate Shipment — Privilege of Milling in Transit Lost — Jurisdiction of State- Courts. The state courts have jurisdiction of an action against a carrier for damages occasioned by the misrouting of an interstate shipment, by which a privilege of milling in transit was lost, which would have been available if the shipping directions had been followed.</p> <p>2. Same — Misrouting of Shipment Admitted by Carrier• — No Proof Thereof Required. In an action against an initial carrier for misrouting, a statement made at the trial by the defendant’s attorney that it admitted that it did misroute the goods, but denied the loss claimed by the plaintiff, dispenses with the necessity of proof that the defendant was in fault, even if the situation is such that it was not liable for the misconduct of a connecting carrier.</p> <p>3. Same — Milling in Transit Lost — Right of Recovery. .Where a shipper of grain is required to submit to a reduction in the selling price because a milling in transit privilege was lost through misrouting, he is entitled to recover the amount of his loss from the carrier in fault.</p> <p>4. Same — Evidence. The evidence held sufficient to support a finding that ■ a privilege of milling in transit would have been exercised if it had been available.</p> <p>5. Same — Milling in Transit — Contract Construed. Language of a carrier’s tariff giving a privilege of milling in transit “subject to the conditions herein named” held to refer to conditions on which like privileges had been granted in preceding portions of the tariff, as well as to those stated in the same paragraph.</p> <p>6. Same — Privilege of Milling in Transit Lost — No Damages Recoverable under Contract. Damages for the loss of the privilege of milling in transit through misrouting can not be recovered where the privilege was available only where a reference to it was noted on the shipping order and bill of lading, and no such n