Ex Parte Dick Bros. Brewery Co. v. Ellison

Certiorari. (1) The trial court erred in refusing to give the peremptory instruction asked by the defendant at the close of plaintiff’s case, and, again, at the conclusion of all the testimony, and the decision of the Court of Appeals affirming its ruling in that regard is at variance with the latest controlling decisions of this court. Any presumption that might have arisen from the ownership of the truck in question and from other facts and circumstances was swept aside and destroyed by the direct and positive testimony introduced by plaintiff himself. Hays v. Hogan, 273 Mo. 1; Guthrie v.…