Weber v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 69 Kan. 611
• 77 P. 533
• 1904 Kan. LEXIS 304

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads—Liable Only to Consignees for Loss of Grain. Under section 6 of chapter 100, Laws of 1893 (Gen. Stat. 1901, § 5913), the right to recover from a railway company for loss of grain delivered to it for transportation is expressly restricted to the consignee, his heirs or assigns. Held, that in an action based on the statute the owner and. consignor of grain delivered to such carrier cannot recover for loss or shortage of grain received by it for shipment.</p> <p>2. -Doubt about Vitality Left in Act of 1S9S. In view of the decision in Railway Co. v. Simonson, 61 Kan. 802, 68 Pac. 653, 57 L. R. A. 765, 91 Am. St. Rep. 218, it is doubtful whether there is any vitality left in chapter 100, Laws of 1893 (Gen. Stat. 1901, §§ 5938-5917). Can’ it be said that the legislature would have enacted the law with that part of section 6 omitted which makes the bill of lading conclusive proof of the amount of grain received by the carrier ?</p>