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YOUNG v. SANTA FE TRAIL TRANSPORTATION CO.

No. 40,019

179 Kan. 678 (1956)

298 P.2d 235

MERRITT M. YOUNG, doing business as Youngs Wholesale, Appellant, v. THE SANTA FE TRAIL TRANSPORTATION COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Clifford L. Malone, of Wichita, argued the cause, and Mark H. Adams, Charles E. Jones, William I. Robinson, J. Ashford Manka, and Oliver A. Witterman, all of Wichita, were with him on the briefs for the appellant.

J.B. Reeves, of Topeka, argued the cause, and C.J. Putt, W.E. Treadway, and Edwin M. Wheeler, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the trial court's judgment holding that an initial common carrier was not liable to the shipper for moneys collected from the consignees on five C.O.D. shipments which moneys were converted by a delivering common carrier.

Briefly summarized, the stipulated facts were that appellant, Merritt M. Young, had his place of business in Wichita...

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