Court of Appeals of Kansas June 15, 1900, No. 627 (Missouri Pacific Railway Co. v. Phelps)

The opinion of the court was delivered by

Mahan, P. J. :

This was an action against the railway company for damages alleged to have been occasioned to a car-load of bananas consigned to plaintiff’s assignor,- by reason of the failure of the railway company diligently to perform its duties and obligations under its contract as carrier,, in not promptly delivering or carrying the car from Kansas