Brewer v. Swift & Company

HOLMAN, Judge.

We transferred this case from the St. Louis Court of Appeals upon the application of defendant-respondent. The principal reason motivating our action was that we had an undecided appeal pending here which involved the same question as presented by the giving of Instruction No. 4 and we desired to insure that the two decisions would be consistent. We heard arguments on both cases the same day. Our research and consideration of the question has led to the conclusion that the decision of the appeals court is correct. We therefore adopt (with the exception hereinafter noted) the…