Burrel Collins Brokerage Co. v. Hines

This is an action in conversion. The petition was filed in two counts, the first being based on an action in conversion and the second on an action in tort for damages, both counts covering the same transaction. At the close of plaintiff’s evidence, the second count was dismissed and the case proceeded on the first.

The action arises out of a shipment of a carload of apples originating at Attica, New York, and consigned to plaintiff at Kansas City, Missouri. The apples were shipped in bulk in a box ear and were received at Kansas City and placed on the team tracks of the Missouri Pacific…