Turner Lumber & Investment Co. v. Chicago, Rock Island & Pacific Railway Co.

This is an action in conversion for two carloads of lumber. The damage claimed for the conversion of the _ first car was $628.78 with interest and the second $812.58. The case was tried before the court without the aid of a jury. At the close of plaintiff's testimony the court declared the law to be that plaintiff was not entitled to recover and rendered judgment in favor of defendant. Plaintiff has appealed. This is the second appeal in the ease. [See Turner Lumber & Investment Co. v. C., R. I. & P. Ry. Co., 16 S. W. (2d) 705.]

The facts show that on June 26 and 29, 1925, the cars of lumber…