Burger v. St. Louis, Keokuk & Northwestern Railway Co.

(dissenting). — The decision in this case is contrary to the decision of the Kansas City Court of Appeals in Gilliland v. Railroad, 19 Mo. App. 411, on both points involved, and, hence, under the constitutional mandate it becomes our duty to certify the case to the supreme court for final adjudication. The plaintiff’s witness, Baumeister, testified that the salt was his property; that the warehouse wherein it was stored was .the warehouse of the Imperial Milling Com*129pany; and that the defendant had no control either over the salt or the warehouse. Nor is there any evidence to the contrary in…