Ray v. Missouri, Kansas & Texas Railway Co.

Citations

• 90 Kan. 244
• 133 P. 847
• 1913 Kan. LEXIS 197

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeals — From Justice’s Court — Consolidated in District Court — Jurisdiction. Where one plaintiff brings two actions in a justice court against the same defendant for an amount of money, in each case, within the jurisdiction of that court, and judgment is therein rendered in each case for the plaintiff, and the defendant appeals from both judgments to the district court, in which court the appellant moves to consolidate the cases, which is done; Held, no error, although the sum of the two claims is more than $300, and further, if the ruling were erroneous the appellant would not here be heard to urge an error which he had affirmatively invited.</p> <p>2. Negligence — Delay in Shipping Cattle — Notice of Loss in Weight. Loss of market or of price resulting from delay in transportation is not within the provisions of a contract requiring notice of loss before cattle which are shipped should be removed or mingled with other stock, but loss by shrinkage in weight is within such provision.</p> <p>3. -. Carrier Can Not Limit Liability for its Own Negligence. Section 20 of chapter 3591 of 34 U. S. Statutes at Large prohibits a common carrier from limiting by contract, rule or regulation its liability for damages resulting from its own negligence or the negligence of any other common carrier into whose possession the property may come for transportation by virtue of the bill of lading which the section requires the initial carrier to issue to the shipper. It does not limit the right of the common carrier to make a reasonable con-' tract with the shipper requiring a- notice of loss or damage or limiting the time within which an action to recover damages may be brought.</p>