Offerle Grain & Supply Co. v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 105 Kan. 272
• 182 P. 405
• 1919 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Reciprocal Demurrage Act — Act Not Discriminative — Delay in Furnishing Cars. The reciprocal demurrage act (Gen. Stat. 1915, §§ 8421-8424), which provides statutory damages against a railway company for delay in furnishing freight cars, and which provides similar statutory damages in favor of a railway company against a shipper for delay in loading and using the cars furnished, 'does not discriminate against the railway carrier.</p> <p>2. Same. The prior decisions' of the federal supreme court and of this court have not materially affected the reciprocal demurrage act as a whole.</p> <p>3. Same — Deposit of Freight Charges by Shipper. A shipper’s failure to make a partial deposit of freight charges at the time it applied for freight cars does not bar a recovery against the railway carrier for delay in furnishing the cars, unless the carrier made a demand for such partial deposit and the shipper declined to comply therewith.</p>