Star Grain & Lumber Co. v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 85 Kan. 281
• 116 P. 906
• 1911 Kan. LEXIS 58

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Mutual Demurrage Law” — In What County Actions Maybe Brought. Under the provisions of section 50 of the old code (Gen. Stat. 1901, § 4480, Code 1909, § 52), as amended by section 1 of chapter 379 of the Laws of 1903, an action may be brought against a railroad company, to enforce a liability under the mutual demurrage act (Laws 1905, ch. 345), in any county of the state in which is located the principal office or place of business of such railroad company.</p> <p>2. -- Claims United in One Action. In such an action it is proper to unite all claims for damages directly flowing from the one transaction, the effort of the shipper to procure and the failure of the railroad company to supply cars for the transportation of freight, whether the damages be such as are determined in amount by the statute and are generally designated. as penalties or forfeitures or are such as are not .so determined or designated.</p> <p>3. -Law is Constitutional. Chapter 345 of the Laws of 1905 is not void for the reason that the title thereof does not conform to the requirements of section 16 of article 2 of the constitution of Kansas, but such title is sufficient to embrace the provisions of the act. If chapter 286 of the Laws of 1901 is deficient in this respect, such deficiency does not invalidate the act of 1905 which is amendatory thereto.</p>