Metals Refining Co. v. St. Louis-San Francisco Railway Co.

Metals Refining Company, plaintiff below, sued St. Louis-San Francisco Railway Company, who was defendant. We will refer to the parties in that order in this court. Plaintiff took an involuntary non-suit and moved to set the same aside. From the order of the court sustaining said motion defendant has appealed.

Plaintiff's statement, originally filed in a justice of the peace court and never amended, alleged the following:

"That heretofore to-wit, and on or about the 2nd day of November, 1923, the defendant did accept a carload of antimonial lead weighing 61,021 pounds or 755 pigs at Kansas…