St. Louis & Tennessee River Packet Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The court erred. in refusing to make the declarations of law prayed for by defendant, at the close of plaintiff’s case and at the close of all the evidence. Market v. Tel. Co., 19 Mo. App. 85. The court erred in giving the instruction asked by plaintiff. Buddy v. Railroad, 20 Mo. App, 209 ; Calhcart v. Railroad, 19 Mo.
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Appeal from, the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The court erred. in refusing to make the declarations of law prayed for by defendant, at the close of plaintiff’s case and at the close of all the evidence. Market v. Tel. Co., 19 Mo. App. 85. The court erred in giving the instruction asked by plaintiff. Buddy v. Railroad, 20 Mo. App, 209 ; Calhcart v. Railroad, 19 Mo. App. 114; Terry v. Railroad, 89 Mo. 587. The finding and judgment of the court are erroneous, because in conflict with, and not supported by, the evidence. The demurrer to the evidence should have…
1Opinion of the CourtRombauek, P. J.
The plaintiff is a common carrier from St. Louis, Missouri, to Nashville, Tennessee, and at the times hereinafter stated, one John E. Messengale was its freight agent in St. Louis. The defendant is a common carrier from Omaha, Nebraska, to St. Louis, Missouri.
In June, 1887, the Carter White-Lead Company, in Omaha, delivered to the defendant, one car load of white lead for transportation under a bill of lading, the portions whereof bearing upon the present controversy are as follows:
*275“ Omaiia, June 2nd, 1877.
“Received from Carter White-Lead Company the following packages, contents unknown, in…
2Cases cited1 opinion
- Markel v. Western Union Telegraph Co.Missouri Court of Appeals · 1885
3Cited by2 opinions
- Crosby v. Pere Marquette RailroadMichigan Supreme Court · 1902
- Scheele v. Lafayette BankMissouri Court of Appeals · 1906