Robbins v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Bollinger Circuit Court. — IIon. James D. Pox, Judge. The verdict is unsupported by the evidence and is contrary to the law as declared by the court. Minor v. Coal Co., 25 Mo.
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Appeal from the Bollinger Circuit Court. — IIon. James D. Pox, Judge. The verdict is unsupported by the evidence and is contrary to the law as declared by the court. Minor v. Coal Co., 25 Mo. App. 78 ; Spurlock v. Railroad, 98 Mo. 544. The evidence shows that plaintiff acquired his title to these ties while they were on defendant’s right of way and after they had been culled or rejected, and had become mottled with the numerous rejecting brands of the various inspectors of the tie contractors and railroad companies. There is nothing in plaintiff’s evidence tending to show that defendant ever…
1Opinion of the CourtRombauer, P. J.
This is an action to recover $9.80, the alleged value of ninety-eight railroad ties claimed to be sold and delivered by the plaintiff to defendant. The plaintiff had judgment for the amount before the justice, and on the retrial of the cause in the circuit court. The errors assigned on this appeal are that the court erred in its instructions to the jury, and that the verdict is unsupported by the evidence, and against the instructions of the court.
We pass the first eiTor assigned with the remark, that the instructions of the court were correct enough, provided there was any substantial ev…
2Cases cited2 opinions
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Phillips v. MastbrookMissouri Court of Appeals · 1887
3Cited by2 opinions
- Edwards v. AlbrechtMissouri Court of Appeals · 1890
- McGrew v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1901