Wells v. Porter
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. The trial court erred in giving the instruction in the nature of a demurrer to the evidence, asked by defendant, at the dose of plaintiff’s case. Martin v. Mill Co., 49 Mo. App. 23; O’Neal v. Stone, 79 Mo.
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Transferred from Kansas City Court of Appeals. The trial court erred in giving the instruction in the nature of a demurrer to the evidence, asked by defendant, at the dose of plaintiff’s case. Martin v. Mill Co., 49 Mo. App. 23; O’Neal v. Stone, 79 Mo. App. 279. The only defense attempted to be made by defendant on the trial of this cause wasy that by the wording of the certificates offered in evidence by plaintiff, defendant was exempted from liability for the value of the flour and bran therein agreed to be delivered in case defendant’s mill was destroyed by fire, lightning or tornado at…
1Opinion of the CourtBrace, P. J.
— This case is certified here by the Kansas City Court of Appeals, on the ground that one of the judges of said court deems the decision therein contrary to' the previous decision of the St. Louis Court of Appeals, in O’Neal v. Stone, 79 Mo. App. 279.
The opinion of Judge Gill, deciding the case, in which all the other judges concurred, is as follows:
“The defendant was proprietor of a flouring mill at Uriah in Henry county. In dealing with the farmers of that vicinity, they would bring their wheat, or at least such as they needed for their own use> and defendant would receive the same and…
2Cases cited2 opinions
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
- O'Neal v. StoneMissouri Court of Appeals · 1899
3Cited by9 opinions
- Munger Automobile Co. v. American Lloyds of DallasCourt of Appeals of Texas · 1924
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Brown v. Sloan's Moving & Storage CompanySupreme Court of Missouri · 1956
- Potter v. Mt. Vernon Roller Mill Co.Missouri Court of Appeals · 1903
- Hoerath v. Sloan's Moving & Storage Co.Supreme Court of Missouri · 1957
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