Newton County Farmers & Fruit-Growers Exchange v. Kansas City Southern Railway Co.

The original appeal in this case was to the Springfield Court of Appeals. That court deeming its decision in conflict with that of the St. Louis Court of Appeals in Bruns v. Milk Wagon Drivers Union. 242 S. W. 419, certified the cause to this court in accordance with the provisions of Section 6, Article VI, of the Constitution. The decision of the Springfield Court of Appeals is reported in 2 S. W. (2d) 125. We adopt that court’s statement of the case and its opinion, in part, as follows:

“This is an action to recover damages to a car of strawberries alleged to have been caused by failing to…