American Brewing Ass'n v. Talbot
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The court should have given the preliminary instruction offered at the close of plaintiff’s testimony and given at the close of the case.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The court should have given the preliminary instruction offered at the close of plaintiff’s testimony and given at the close of the case. The evidence showed without contradiction that the loss and damage occurred through the act of Grod, namely, the unprecedented flood shown in evidence, and there was no substantial evidence to show or to justify the jury in finding that the plaintiff was guilty of any negligence. When it is shown that a loss or damage to goods has been caused by reason of the act of Grod, as in the…
1Opinion of the CourtBubgess, J.
— This action was brought by plaintiff,, a brewing company, against defendants, warehouse-men, to recover the value of three thousand, three hundred and eighty-seven'bushels of malt delivered by plaintiff to defendants, and which they failed to deliver upon demand; and also damage to four thousand, *677four hundred and forty-one bushels which were delivered by plaintiff to them, and which they returned to plaintiff in a damaged condition.
Plaintiff, who was at the time engaged in the brewing business in the city of St. Louis, stored g large quantity of malt with the defendants, who were…
2Cases cited18 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Kidd v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1925
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Miller v. Brunson Const. Co.Supreme Court of Missouri · 1952
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
69 more not listed; retrieve them via the Exa API.