Union Pacific Railroad v. Beardwell

Citations

• 79 Kan. 40
• 99 P. 214
• 1908 Kan. LEXIS 188

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads—Delay in Transportation—Action for Damages—• Petition. In an action for damages resulting from delay in the transportation of goods by a common carrier, where the petition in general terms alleges a shipment and contains nothing to suggest a special contract, it is not error to deny a motion to require the plaintiff to amend by stating whether he shipped under an oral or a written contract.</p> <p>2. - Contract Limiting Common-law Liability. Assuming it to be the law that where a railroad company has once accepted goods subject to the ordinary liabilities of a common carrier such liabilities can not be lessened by an agreement subsequently assented to by the shipper, the rule can have no application where the parties at all times contemplated the making of a written contract defining their obligations with respect to the shipment.</p>