Wertheimer, Swartz Shoe Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon, Eugene McQuillin, Judge. (1) The action of the court in sustaining a motion for a new trial is subject to review on appeal. Millar v. Car Co., 130 Mo. 517; Candee v. Railroad Co., 130 Mo. 154; Taylor v. Architectural Co., 47 Mo. App. 257; Kuenzel v. Nicholson, 73 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon, Eugene McQuillin, Judge. (1) The action of the court in sustaining a motion for a new trial is subject to review on appeal. Millar v. Car Co., 130 Mo. 517; Candee v. Railroad Co., 130 Mo. 154; Taylor v. Architectural Co., 47 Mo. App. 257; Kuenzel v. Nicholson, 73 Mo. App. 14; Valois v. Warner, 1 Mo. 730. (2) Upon the uncontradicted testimony, the judgment should have been for the defendant, and the court therefore erred in setting aside the verdict in favor of defendant. Merritt v. Railroad, 122 S. W. Rep. 322; Moffatt v. Railroad, 113 Mo. App.…
1Opinion of the CourtGoode, J.
Plaintiff filed this action to recover for the loss of two shipments of boots and shoes, the first consisting of five cases delivered on May 25, 1903, to defendant for carriage from St. Louis to Chapman, Kansas, there to be turned over to Carroll Brothers, and alleging the total loss of said goods. There is a second count with which we are not concerned, as the cause of action was dismissed. A third count alleged delivery to defendant on May 26,1903, of four cases of *492boots and shoes, to be carried from St. Lords to Kansas City and delivered to John Carroll. It was averred defendant failed to…
2Cases cited9 opinions
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Kansas · 1905
- Lamar Manufacturing Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Baltimore & Ohio Southwestern Railroad v. WuestOhio Court of Appeals · 1915
- Hunter Packing Co. v. Baltimore & O.R. CoCourt of Appeals for the Seventh Circuit · 1954
- Ithaca Roller Mills v. Ann Arbor RailroadMichigan Supreme Court · 1922