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WENTZ EQUIP. CO. v. MISSOURI PACIFIC R.R. CO.

No. 55,756

9 Kan. App. 2d 141 (1983)

673 P.2d 1193

WENTZ EQUIPMENT COMPANY, INC., Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed December 29, 1983.

Attorney(s) appearing for the Case

James E. Switzer and Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, for the appellant.

Phillip R. Fields, of Gott, Young & Bogle, P.A., of Wichita, for the appellee.

Before FOTH, C.J.; TERRY L. BULLOCK, District Judge, Assigned; and FREDERICK WOLESLAGEL, District Judge, Retired, Assigned.

Petition for review denied 235 Kan. 1042 (1984).

WOLESLAGEL, J.:

Wentz Equipment Company, Inc., appellant (Wentz), purchased equipment which was delivered to an initial carrier in good condition but loaded improperly by the shipper or the initial carrier. The evidence did not identify the loader. When the shipment was received in damaged condition, Wentz sued Missouri Pacific Railroad Company, appellee (MoPac), the final carrier. The suit is governed by the...

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