Nelson v. Union Pacific Railroad

The opinion of the court was delivered by

Dawson, J.:

Plaintiff brought this action against the railway company for the value of 8,620 pounds of wheat (143% bushels), which was an alleged shortage in a carload consigned from Page City over defendant’s railway for delivery in Kansas City, Mo.

The verdict and judgment were for plaintiff, and defendant appeals, placing especial emphasis on the fact that since most of the evidence was in writing, not oral, this court should review and determine its probative force, and order judgment accordingly regardless of the verdict of the jury. Defendant…