Chicago Lumber & Coal Co. v. Georgia Southern & Florida Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. While it is not the practice of appellate courts in this jurisdiction to interfere with a finding of fact by the trial court, merely upon contradictory evidence, it will do so if there is no substantial evidence to support such finding. Bank v. Central Trust Co., 179 Mo. 648; Colonial Trust Co. v. McMillan,; Morelock v. Railroad, 87 S. W. 5; Reed v. Goldneck, 86 S. W. 1104.
1Opinion of the CourtBland, P. J.
The suit was commenced before a justice of the peace and reached the circuit court by appeal from a judgment rendered by the justice. On the trial in the circuit court, the issues were submitted to the court without the intervention of a jury. After hearing the evidence, the court made a special finding of the facts and declared the law of the case. The following is the court’s finding of the facts:
“1. That on February 1, 1900, the Georgia Southern & Florida Railway Company, the said defendant, shipped from Genoa, Florida, a car of yellow pine flooring boards, all dressed to…
2Cases cited6 opinions
- State ex rel. Festor v. StaedSupreme Court of Missouri · 1898
- Rice, Stix & Co. v. McClure & HarperMissouri Court of Appeals · 1898
- Bethune v. Cleveland, St. Louis & Kansas City Railway Co.Supreme Court of Missouri · 1897
- Ellis v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1901
- Corrigan v. Kansas CityMissouri Court of Appeals · 1902
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