Hance v. Pacific Express Co.

This is the second time this cause has been before us. 48 Mo. App. 179. On the first trial the circuit court peremptorily instructed the jury to return a verdict for the defendant. We held that to be error, and reversed the judgment and remanded the cause. The leading or controlling facts, and the law applicable thereto, are fully stated in our former opinion, and we need only note in this opinion the difference, if any, in the evidence of the two trials, and determine whether the case has been retried according to our former rulings.

On the twenty-third day of May, 1889, the plaintiff…