Missouri Pacific Railroad v. Western Heater Despatch Co.

Mr. Presiding Justice Holdom

delivered the opinion of the court.

The real question before us for decision is the right of plaintiff to a nonsuit at the time he moved for it. The suit was brought to recover "for repairs made by plaintiff upon certain of defendant’s cars upon an implied contract arising out of a custom said to exist between the railroads and the defendant company. Plaintiff bad, according to defendant’s contention, failed to make sufficient proof of any such custom. When plaintiff rested its case defendant’s counsel said: “I think there should be a finding for the defendant on…