Ordelheide v. Wabash Railroad

GANTT, P. J. J.

— This appeal is in this court by virtue of dissent of one of the judges of the St. Louis Court of Appeals. It was argued and submitted, but owing to the fact that a case growing out of the same fire was pending in the Court in Banc, it was deemed best to await the opinion of the whole court on some of the questions involved in both appeals.

The opinion of the Court in Banc will be found reported in Wabash Railroad Co. v. Ordelheide, 172 Mo. 436.

The pleadings and agreed statement of facts upon which this case was determined in the circuit court and Court of Appeals are fully set…