Rock Milling & Elevator Co. v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 98 Kan. 478
• 158 P. 859
• 1916 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Courts — State—Jurisdiction—Interstate Shipments — Action for Repairing Cars. State courts have jurisdiction in actions to recover the amounts due shippers of interstate freight for repairing cars to put them in condition for holding the shipment, where the maximum charge for such repairs is fixed by the tariff on file with the interstate commerce commission.</p> <p>2. Limitation of Actions — Accrual of Cause — Cost of Repairing Ca/rs. The three-year statute of limitations applies to actions to recover the cost of repairing cars to put them in condition to receive the property to be shipped therein, and the statute begins to run on each item when the shipment is made.</p> <p>8. Railroads — Tariff—Repair of Cars — •“Actual Cost of the Samp.” The words “actual cost of the game” in the following tariff provision, “When cars furnished by carriers named below for grain or other loading require repairing in order to insure against leakage in transit, and material necessary for this repair is furnished by the shipper, the' carrier will pay the actual cost of the same, but not to exceed eighty cents per car,” include the cost of the material and labor necessary to repair, but do not include the cost of inspecting or cleaning cars or the cost of attaching grain doors.</p> <p>4. Appear and Error — Harmless Error — Evidence—Admission. The admission in evidence of “Santa Fe Cooperage Circular No. 1” did not prejudice any substantial right of the defendant.</p>