The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-20
RAILROAD NEWS.
Freight Agents Embarrassed. by
Missouri Court Ruling.
Roads viii Have Hard Work Is
suing Legal Bills of Lading.
TO APPEAL DECISION.
1t Was Made on Point Raised by
Kansas Bank.
Gossip and Matters of Interest
in Railroad Circles.
TO APPEAL DECISION.

Railroad men are considerably embar-
raised by a recent decision affirmed by
the court Of appeals of Missouri in re-
gard to bills of lading made out by
freight agents whose lines have no ter
minals in the towns in which the bills
of lading are made out.
The decision came up in a suit brought
by the Watkins National bank at Law
renee, Kan, against the Big -Four line
to recover damages for two car loads of
-four which were partially destroyed
While en- route through Kansas City to
the Atlantic seaboard. The shipper in
most cases of the kind had to stand the
loss of freight damaged in the flood as
the flood was deemed an act of COD"
and something which could not be pre-
vented. The bank, however. brought
suit on the ground that that an illegal
bill of lading had been made out, ae-
cOrding to a Missouri law passed in
1889. which reads as follows:
mo agent of any railroad shall sign
or give any bill of lading for any mer-
chandiSe or property Y which it shall
appear mat such merchandise or proper
ty has been shipped on board of any
railroad car unless the same shall have
been actually shipped and put on board
and shall be at the time actually on
board or delivered TO such car to be
carried and conveyed as expressed in
such bill of lading.
Judge Park rendered a decision in ia
vor of the bank and the decision has
been affirmed by Judge Ellison. of the
appellate court. The bill of lading was
made out by H. j. Burgee, freight agent
of the Big Four line in Kansas City. The
bill Of lading was made out in a western
Kansas town. from where the two cars
were consigned. The consignment was
made out over the Big Four by way
of the Missouri Pacific. When the cars
hill nj 71f7inZ
was made out again over the Big Four
by way of the Missouri Pacific to St
Louis. Before the cars left Kansas City
they were damaged by the flood Ihey
were sent on however, as far as Gin
cinnati where the loads of flour were
sold for a small sum.
The court of appeals held that the bill
of lading had been illegally made out
and that for the bill Of lading to be legal
it must be made out by the agent OF
the road on which line the car was 10
Gated at the time the bill of lading was
made out
railroad men say the effect of the
decision is that agents OF railroads are
powerless to Issue bills of ladlng When
the freight is loaded on cars which are
not owned by the company they repre-
sent. AGENTS of raflf6ads that Go not
have a terminal in Kansas City are I'M
able to issue a bill Of lading which they
can sell at a bank Some Of the agents
have been getting around the law by
waiting until the cars have left the state
and then issuing the bill of lading
Tt is claimed that packing houses are
unable to issue q legal bill of lading for
cars loaded on the packing house side
tracks because the tracks do not be
long the chances are. to the railroad
whose line the cars are going 70 pc
II + B1rgee has filed a motion of ap-
neal and win take the case to the su-
preme court. 1t is claimed the court
Of appeals had a misconception Of the
law when the decision was made. Inc
iav vas intended to stop the practice
Of making bills of fading for cars of
grain which did not exist