Dings v. Pullman Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Where the facts, upon which a decision in the trial court is based, are uncontradicted, their legal effect is a question of law, and the appellate court may inquire into these facts to determine whether or not they warrant the decision rendered by the trial court. 2 Ency. of Pleading & Practice, 405; Breen v. Pair Association, 40 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Where the facts, upon which a decision in the trial court is based, are uncontradicted, their legal effect is a question of law, and the appellate court may inquire into these facts to determine whether or not they warrant the decision rendered by the trial court. 2 Ency. of Pleading & Practice, 405; Breen v. Pair Association, 40 Mo. App. 425; Waddell v. Williams, 50 Mo. 216; Henry v. Bell, 75 Mo. 194; Douglas v. Arr, 58 Mo. 573; Moore v. Hutchinson, 69 Mo. 429. , (2) A sleeping car company is required to use…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued as .a result of defendant’s negligence. The finding and judgment were for defendant, and plaintiff prosecutes the appeal.
Plaintiff was a passenger on defendant’s sleeping car en route to California and lost his overcoat, said to be of the value of seventy-five dollars, in transit. By this suit he seeks to recover the value of the coat, and avers that its loss occurred through the omission of defendant to exercise due care toward protecting the coat from theft. But one witness gave testimony in the case and that was the plaintiff himself. .
It…
2Cases cited3 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
- Efron v. Wagner Palace Car Co.Missouri Court of Appeals · 1894
3Cited by1 opinion
- Pullman Co. v. LawsOhio Court of Appeals · 1919