The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-06-25

BUYERS ARE LOSERS
Flood Damaged Goods Held
by Railroads
FOR FREIGHT CHARGES
Are Not Responsible for Acts
of Providence

It is possible that a few of the many
damage suits to be brought against rail-
road companies because of goods dam
aged while in transit in the Kansas City
food will be brought by merchants of
this city. Several merchants of this city
have been notified that damaged goods
billed to them are being held in the yards
at Kansas City and that unless notified
within ten days whether or not the goods
would be accepted they would be sold for
freight charges.
I. f Varney had a large amount of
cut glass ware and clocks en- route from
eastern firms which was caught in the
food Dave Hayes has received word
that a large shipment of saddles and
leather are being held in Kansas City
for freight charges. and the Wichita
Wholesale Grocery company has been no
titled that a quantity of groceries and
tobacco is being held. The Owl Cigar
company is also a loser by the flood.
Besides these there are many others who
are affected, some or whom VIII lose
heavily.
Mr.. Varney contends that he did not
order his goods delivered in Kansas City
and that the railroad has not fulfilled
its duty until the shipment is delivered in
this city. On the other hand. the railroad
company IS holding the gods to guarantee
their freight charges. The persons from
whom the goods We're bought is relieved
Of any responsibility when the goods are
taken in hand by the railroad and in a
usual case the railroad is responsible
for the goods until they are delivered
TO the customer, but they hold that if
goods in transit are damaged or destroyed
while in their care by an act of Provi-
dence they are relieved of all RESPONSE
bility and claim that this clause, which
is a part of TIE law. applies to the recent
food. They hold that it was through no
negligence or accident on their part that
the goods were damaged, that it was
through an act of Providence and could
not be avoided by them. This condition
throws all the loss upon the persons TO
whom the goods were shipped. The seller
cannot be held responsible and the rail-
road company hoolds the goods and will
sell them for the charges. When placed
on auction the articles will bring little
more than the freight charges and in
some cases less than the charges. If the
purchased accepts them he must pay the
freight and get what salvage he can. AL
though he was miles away from the flood,
he must pay for the goods and either pay
the freight and accept the water and
mud soaked goods or refuse them and
small amount of goods damaged will lose
them rather than so into law over them
and spend more than they are worth,
but several who have larger amounts at
stake will make q fight and test the rail
road companys claim at least. The only
grounds for making a case are to prove
the the railroads could have moved the
cars to safety before the high water ar
rived 1t is claimed that they were
warned of the flood forty-eight hours be-
fore it arrived in the Kansas City bot
toms and that they had plenty of time
to move the cars On the other hand.
the railroads claim that while they did
have a short warning they could move
their cars neither east nor west of the
river and that there was no place in the
yards where cars would not have been
reached by the water. MIR. Varney or
dered his goods sent to Wichita and will
pay the regular freight charges on them.
The greater amount was glassware and
could not be greatly damaged by the
water. The clocks are undoubtedly
ruined. but he will make what use Of
them he can.
Owing TO the rain the program at the
Masonic Home yesterday in honor of the
nativity OF John the Baptist adjourned
from the lawn TO the house. The band
co-oerr woe ,,oS+nopaI until