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CROFOOT v. ATCHISON, T. & S.F. RLY. CO.

No. 37,844

169 Kan. 66 (1950)

217 P.2d 280

E.C. CROFOOT, Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1950.

Attorney(s) appearing for the Case

Henry Schulteis, Jr., of Topeka, argued the cause, and C.J. Putt, W.E. Treadway and J.B. Reeves, all of Topeka, and LeRoy W. Raynolds, of Emporia, were with him on the briefs for appellant.

Clarence V. Beck, of Emporia, argued the cause, and Byron M. Gray, of Topeka, was with him on the briefs for appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal by the defendant railway company from a judgment for plaintiff in an action for the alleged conversion of a carload of cattle which defendant undertook to ship for plaintiff owner.

The principal question presented concerns the proper measure of damages under the facts of the case as here disclosed by the evidence.

Briefly summarized, the petition alleges that plaintiff,...

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