W. T. Hull & Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in setting aside the verdict of the jury and granting a new trial, on the ground that there is no evidence to support it. (2) The court erred in refusing to give the first, second and third instructions asked by plaintiffs, especially the third instruction, and of consequence erred in giving instruction numbered 1, asked by defendant.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in setting aside the verdict of the jury and granting a new trial, on the ground that there is no evidence to support it. (2) The court erred in refusing to give the first, second and third instructions asked by plaintiffs, especially the third instruction, and of consequence erred in giving instruction numbered 1, asked by defendant. The' third instruction was almost entirely identical in language with the case of Lesinshy v. Great Western Dispatch, 13 Mo. App. 576, and is sustained by the case of…
1Opinion of the CourtGill, J.
In March, 1893, plaintiffs shipped a car load of oranges from a point in Florida, consigned to Combs & Bro. at Kansas City. The defendant carried the oranges from St. Louis to their destination. On the arrival of the car at Kansas City, on Wednesday, March 8, Combs & Bro. were advised thereof, but declined to receive the fruit on account of its inferior and damaged condition. The agent at Kansas City was requested by Combs Bros, to hold the car for a short time, that they might communicate by telegraph with plaintiffs; and on Saturday, March 11, Combs *595Bros, informed the agent that they had…
2Cases cited2 opinions
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Keystone v. MoiesSupreme Court of Missouri · 1859
3Cited by5 opinions
- Hunt v. Ancient Order of PyramidsMissouri Court of Appeals · 1904
- Burkenroad Goldsmith Co. v. Illinois Cent. R.Supreme Court of Louisiana · 1915
- F. W. Brockman Commission Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1916
- Reid, Murdock & Co. v. Lloyd & MoormanMissouri Court of Appeals · 1895
- Northrop v. DiggsMissouri Court of Appeals · 1905