Collins v. Denver & Rio Grande Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. (1) The court erred in giving a peremptory instruction to the jury to find for the defendant and in refusing to set aside the nonsuit on plaintiff’s motion. Vol. 6, Cyc., p. 510; Lloyd v. Storage Co., 223 Pa.
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Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. (1) The court erred in giving a peremptory instruction to the jury to find for the defendant and in refusing to set aside the nonsuit on plaintiff’s motion. Vol. 6, Cyc., p. 510; Lloyd v. Storage Co., 223 Pa. Rep. 148; Adams Express Co. v. Croninger, 226 U. S. 491;, Joseph v. Railroad, 157 S. W. 837. (1) The plaintiffs failed to establish a legal liability against the defendant, upon the close of their evidence, and the action of the trial court in sustaining a demurrer to the evidence was proper, for the following reasons:…
1Opinion of the CourtEllison, P. J.
Plaintiff’s action is to recover damages claimed on a shipment of fruit over defendant’s road. At the close of the testimony the court took the view that plaintiff had not shown that he had a right of action, and he took a nonsuit.
It appears that plaintiff is a partnership selling fruits for persons who ship it to them at Kansas City, on a commission for such service. In the present in*215stance one John Eitzman living in the State of New Mexico shipped a car load of apples and pears from that State consigned to plaintiff at Kansas City, for sale and returns. When the fruit arrived plaintiff…
2Cases cited9 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Edgerton v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1909
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Thompson v. H. Rouw Co.Court of Appeals of Texas · 1951
- Cudahy Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1916
- Automated Donut Systems, Inc. v. Consolidated Rail Corp.Massachusetts Appeals Court · 1981
- Erisman v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
- Cudahy Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1918
3 more not listed; retrieve them via the Exa API.