Michael-Swanson-Brady Produce Co. v. Oregon Short Line Railroad

Plaintiff, a corporation engaged at Kansas City .in the wholesale produce business, brought this suit to recover damages for defendants’ conversion of a carload of apples.

The answer, in addition to a general denial, set up that if there was a conversion, the same was waived by plaintiff accepting, in lieu of the car in question, another carload of apples of the same kind, character, quality, amount and value. The reply denied this.

At the close of all the evidence, plaintiff asked an instruction telling the jury that under the law and the evi dence, their verdict must be for plaintiff and that…