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GAY v. GRAVES TRUCK LINE, INC.

No. 48,954

1 Kan. App. 2d 704 (1977)

573 P.2d 632

CHESTER A. GAY, d/b/a GAY CONSTRUCTION, Appellee, v. GRAVES TRUCK LINE, INC., Appellant.

Court of Appeals of Kansas.

Opinion filed December 9, 1977.

Attorney(s) appearing for the Case

John W. Mize, of Clark, Mize & Linville, Chartered, of Salina, for the appellant.

Robert S. Jones, of Norton, Wasserman & Jones, of Salina, for the appellee.

Before HARMAN, C.J., ABBOTT and SPENCER, JJ.

HARMAN, C.J.:

This is an action by a consignee to recover for damages done to merchandise carried by defendant as a common carrier in interstate commerce. Trial to the court resulted in judgment for the plaintiff. Two separate shipments were the subject of trial but appeal has been taken by defendant only with respect to one, the Windsor door shipment, for which judgment for $557.41 was entered. The issue is whether a sufficient written claim was timely filed.

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