Udall Milling Co. v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 82 Kan. 256
• 108 P. 137
• 1910 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Delay in Furnishing Cars Applied for — Penalties —Limitation of Actions. The reciprocal demurrage act, among other things, provides that when a shipper applies to a railway company for cars they must be furnished within a specified -time, and that if the railway company fails to furnish them within that time it shall forfeit $1 per day for each car it fails to furnish. Held: (1) In an action brought to recover penalties under that act, the one-year statute of limitations applies. (2) For each day of neglect after the prescribed time a penalty of $1 per car was at once incurred, on which the statute of limitations began to run. Bach penalty was a distinct liability, and when the statute was set in motion on such a liability it continued to run until the action was commenced or barred. (3) The subsequent furnishing by the railway company of the cars demanded stopped the accumulation of penalties, but did not. arrest the running of the statute as to penalties already incurred.</p> <p>2. - Duty to Provide Equipment and Cars — Noncompliance with Statute Excused by Unavoidable Accident. It is the duty of a railway company to provide such equipment and cars as will meet not only the ordinary and usual requirements of the traffic but also provide for such increase of business and demands for cars as can reasonably be anticipated. If, however, there is a rush of business or a congestion of traffic which could not reasonably have been anticipated, and there is a delay arising from circumstances beyond the control of the railway company, it will be deemed to be abnormal and such an unavoidable accident as will excuse noncompliance with the demand for cars and relieve the company from the penalties provided for in the act.</p>