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

Citations

• 78 Kan. 331
• 97 P. 434
• 1908 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Transportation of Goods within a Specified Time —Evidence. A mere statement of the station agent of a railroad company, to one about to deliver goods to the company for shipment over its railroad, that the goods should arrive at the proposed destination at a certain time does not constitute a contract to carry them within such time.</p> <p>2. Railroads — Injury to Goods in Transit — Act of God. An agreement by a railroad company with a shipper to transport his goods from one station to another on its railroad within a certain time does not make the carrier an absolute insurer of the goods. Their destruction within the prescribed time by an act of God will excuse non-delivery thereof.</p>