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· 2/12/1916

Stockton Elevator & Shipping Ass'n v. Missouri Pacific Railway Co.

Citations

  • 97 Kan. 235
  • 154 P. 1126
  • 1916 Kan. LEXIS 271

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Question of Practice — Not Decided. A question of practice held not necessary to be decided.</p> <p>2. Shipping Contract — Interstate Commerce. A shipment of goods consigned to a point in another state constitutes interstate commerce, notwithstanding an actual delivery is made before a state line is crossed.</p> <p>3. Shipping Grain — Expense in Furnishing Grain Doors — Reimbursement. In an action against a carrier for the expense incurred by a shipper in furnishing grain doors to box cars, the plaintiff can not prevail by showing merely the total cost of all the doors he had furnished, including an unascertained number of items for which no charge could be made because they accrued in interstate shipments, after the interstate commerce commission had forbidden the reimbursement of such expenses unless provided in the tariff, and before any tariff provision had been made in that regard.</p>

Judges: Mason

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