Patterson v. American Railway Express Co.

The opinion of the Court was delivered by

Mr. Justice Marion.

In an action to recover actual and punitive damages for the alleged diversion or wrongful delivery of a shipment, the Circuit Judge overruled pláintiff’s demurrer to the defendant’s answer, and upon the evidence adduced by plaintiff at the trial, granted an order of nonsuit. Both rulings were predicated upon the following facts, alleged in defendant’s answer and established to the exclusion of any other reasonable inference by the evidence adduced by plaintiff.

'•The plaintiff, a physician, ordered of the Physico-Clinical Company an…