N. K. Fairbank Co. v. Illinois Central Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The court erred in giving the peremptory instruction in which the jury was directed to find a verdict in favor of the defendant on' each one of the twenty-one counts of the petition, which includes the 2nd, 3rd, 5th, 6th, 7th, 8th, 9th, 10th, 12th, 14th, 15th, 16th, 18th, 19th and 20th counts of plaintiff’s petition, for in these fifteen counts there was a conflict in the evidence as to the question of…
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The court erred in giving the peremptory instruction in which the jury was directed to find a verdict in favor of the defendant on' each one of the twenty-one counts of the petition, which includes the 2nd, 3rd, 5th, 6th, 7th, 8th, 9th, 10th, 12th, 14th, 15th, 16th, 18th, 19th and 20th counts of plaintiff’s petition, for in these fifteen counts there was a conflict in the evidence as to the question of delivery, and where there is such a conflict then it becomes a question of fact for the jury. Class et al. v. Celvin,…
1Opinion of the CourtNortoni, J.
This is a suit in conversion. At the conclusion of all of the evidence, the court peremptorily directed a verdict for defendant, and judgment was given accordingly.' Prom this judgment plaintiff prosecutes the appeal.
The petition contains twenty-one counts and in each count a recovery is sought for coal laden in cars at the mines of the Bessemer Washed Coal Company on defendant’s railroad. Plaintiff, an incorporated company, owns and operates a large manufacturing establishment in St. Louis at which it consumes about two ears of coal per day. It appears that on June 17, 1909, plaintiff…
2Cases cited4 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Irvin v. EdwardsTexas Supreme Court · 1898
- Blackmer v. Cleveland, Cincinnati, Chicago & St. Louis RailroadMissouri Court of Appeals · 1903
- C. Aultman & Co. v. SilhaWisconsin Supreme Court · 1893
3Cited by5 opinions
- Giffin v. PetreeMissouri Court of Appeals · 1932
- Buschow Lumber Co. v. HinesMissouri Court of Appeals · 1921
- Bowen v. ZaccantiMissouri Court of Appeals · 1919
- State of Missouri v. KramerMissouri Court of Appeals · 1920
- The U.S. of Am. v. Holt Comm.Missouri Court of Appeals · 1939