Watkins v. St. Louis Iron Mountain & Southern Railway Co.

— On the fourteenth day of July, 1882, plaintiff instituted an action against the defendant for the recovery of damages arising to him from the malperformance of a contract for the transportation of two car loads of potatoes shipped from Charleston, Missouri to Chicago, Illinois. On the trial of the cause such proceedings were had that the plaintiff, on the tenth day of April, 1890, took a voluntary non-suit as to the count in his petition relating to one of the car loads, and recovered a judgment on the count relating to the other car load. That judgment was reversed on appeal, because there…