Vivion v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Callaway Circuit Court. — Hon. D. H. Harris, Judge. (1) Th.e court should have sustained the peremptory instruction offered at the close of plaintiff’s evidence’ in chief and at the close of all the evidence. Gann y. Railroad, 65 Mo. App. 65. (2) The court erred in excluding evidence. Fountain v. Railroad, 114 Mo. App. 676. (1) The trial court correctly overruled defendant’s peremptory instructions.
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Appeal from Callaway Circuit Court. — Hon. D. H. Harris, Judge. (1) Th.e court should have sustained the peremptory instruction offered at the close of plaintiff’s evidence’ in chief and at the close of all the evidence. Gann y. Railroad, 65 Mo. App. 65. (2) The court erred in excluding evidence. Fountain v. Railroad, 114 Mo. App. 676. (1) The trial court correctly overruled defendant’s peremptory instructions. Whether or not plaintiffs proved their verbal contract which is alleged in the petition, was an issue of fact, and it was properly submitted to the jury under the evidence and…
1Opinion of the CourtEllison, P. J.
Plaintiff’s action is for damages following an alleged breach of a verbal contract to ■ship three carloads of cattle from Auxvasse to Chicago, Illinois, whereby the cattle lost in weight. The judgment in the trial court was for plaintiffs.
The verdict being for plaintiffs we must accept the -evidence in their behalf and all reasonable inferences therefrom as true. It appears that plaintiffs, through their employee, asked defendant’s agent at its shipping station for the cars on the 8th of July, 1909, telling him they wanted to ship July 10th; and the agent answered he would get them if he…
2Cases cited9 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- Davis' Adm'r v. SmithSupreme Court of Missouri · 1852
- Miller v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Gann v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
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3Cited by2 opinions
- Rittman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Thee v. Wabash Railway Co.Missouri Court of Appeals · 1921