Ozark Fruit Growers Ass'n v. St. Louis-San Francisco R. R.

Suit for damages resulting to a carload of straw-' berries shipped by plaintiff from Everton, Missouri, to a party at Topeka, Kansas. At the close of plaintiff’s case, the court sustained a demurrer to plaintiff’s evidence. An involuntary nonsuit was taken by plaintiff and upon the court’s refusal to set it aside, this writ of error was sued out by plaintiff.

Plaintiff loaded a car with strawberries at Everton, Missouri, on the Frisco Railway consigned to itself at Kansas City, Missouri. This was diverted while in transit and re-consigned to W. O. Anderson Commission Company at Topeka, Kansas.…