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

Citations

• 97 Kan. 51
• 154 P. 248
• 1916 Kan. LEXIS 219

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Shipping Live Stock- — Privilege of Unloading En Route “To Test the Market” — Contract Preferential and Discriminatory. Where cattle were billed and shipped from Belvidere to Peabody at che regular rates' which had been published and filed with the public utilities commission, a special contract granting to the shipper the privilege of stopping the cattle at Wichita to test the market and to terminate the journey at that point if the market was satisfactory and to continue the transportation to original destination if the market was unsatisfactory was preferential and discriminatory and violated the railroad and utilities acts.</p> <p>2. Same — Tariffs Filed with Public Utilities Commission Control. Where the tariffs of the carriers filed with the public utilities commission specify the points at which live stock may be stopped-in transit to test the market, any special contract enlarging that privilege which is not specified in such tariffs is void.</p> <p>3. Same. Before a special privilege to stop cattle in transit to test a market en route can be granted by a railroad company it is necessary that the tariffs and schedules pertaining thereto must be filed with the public utilities commission, and be open to all shippers on equal terms.</p>