American Storage & Moving Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from St: Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (a) The testimony of witness Russell was improperly admitted in evidence, (b) Without the testimony of witness Russell, no evidence was adduced of the wrongful delivery of the shipment and defendant’s demurrer to the evidence should have been given. Spencer v. Ins. Co., 112 Mo. App. 86; McG-raw v. O’Neil, 123 Mo.
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Appeal from St: Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (a) The testimony of witness Russell was improperly admitted in evidence, (b) Without the testimony of witness Russell, no evidence was adduced of the wrongful delivery of the shipment and defendant’s demurrer to the evidence should have been given. Spencer v. Ins. Co., 112 Mo. App. 86; McG-raw v. O’Neil, 123 Mo. App. 699; 2 Cook on Corporations (6 Ed.), p. 2363. The testimony of witness Russell, as to admissions of the chief clerk of the freight department of the defendant relative to wrongful delivery, was properly…
1Opinion of the CourtReynolds, P. J.
— This case comes to us on a second appeal, the first by plaintiff from the action of the trial court in directing a verdict for defendant; this present appeal from a verdict in favor of plaintiff. The facts of the case are set out in the statement made by Judge Goode when the case was previously before this court. As the facts on the present trial are practically as in the former trial, it is hardly necessary to do more than refer to the report of the case as found under the title American Storage & Moving Company v. Wabash Railroad Company, 146 Mo. App. 224, 123 S. W. 964. In the present…
2Cases cited1 opinion
- American Storage & Moving Co. v. Wabash RailroadMissouri Court of Appeals · 1909