Degge v. American Express Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court erred ■ in overruling the defendant’s demurrer to the evidence. The burden of proof was upon the plaintiff to show negligence on the part of defendant, or that the injury to the picture complained of occurred while it was in defendant’s possession. As to this, there was a complete failure of proof.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court erred ■ in overruling the defendant’s demurrer to the evidence. The burden of proof was upon the plaintiff to show negligence on the part of defendant, or that the injury to the picture complained of occurred while it was in defendant’s possession. As to this, there was a complete failure of proof. Witting v. Bailroad, 101 Mo. 631; Standard Milling Co. v. Transit Co., 122 Mo. 258. Moreover, the plaintiff, having shown that the picture was receipted for as in good order, a perfect prima facie defense was made…
1Opinion of the CourtBiggs, J.
This action originated before a justice of the peace and is for damages to a picture, alleged to have occurred while the picture was in the possession of the defendant as a common carrier. On a trial de novo in the circuit court there was a verdict for the defendant, which the court on motion of the plaintiff set aside as being against the weight of the evidence. Erom the order sustaining the motion the defendant has appealed.
The only reason assigned for the granting of the new trial (and it was the only possible one) was that the verdict was against the weight of the evidence. The granting…
2Cases cited2 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Nave v. Pacific Express Co.Missouri Court of Appeals · 1885
3Cited by2 opinions
- Roadway Express, Inc. v. SolowSupreme Court of Oklahoma · 1958
- Kuenzel v. NicolsonMissouri Court of Appeals · 1898