Fred F. Shields Co. v. Chicago & Northwestern Railway Co.

Morning, District Judge.

Action for conversion of an electric motor. On motion of defendant, at the close of plaintiff’s evidence, the court discharged the jury and dismissed the action. Plaintiff appealed.

The question for decision is whether or not plaintiff’s evidence was sufficient to take the case to the jury. Plaintiff’s business predecessor and assignor shipped the motor in question to Cedar Rapids, Iowa, to be used in connection with some construction work at that point. It was found that the motor was not suitable for the electric current used at Cedar Rapids, and it was shipped back…