Midland National Bank v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The jurors being the sole judges of the credibility of witnesses and of the weight of the evidence, it was their province, and not that of the court, to pass upon the credibility of the witnesses for plaintiff and the weight to be given to their evidence, and in giving said peremptory instruction the court invaded the province of the jury.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The jurors being the sole judges of the credibility of witnesses and of the weight of the evidence, it was their province, and not that of the court, to pass upon the credibility of the witnesses for plaintiff and the weight to be given to their evidence, and in giving said peremptory instruction the court invaded the province of the jury. Bryan v. Wear, 4 Mo. 106; McAfee v. Ryan, 11 Mo. 365; Steamboat v. Matthews, 28 Mo. 240; Bradford v. Rudolph, 45 Mo. 426; Gregory v. Chambers, 78-Mo. 298; Kenney v. Railroad, 80 Mo. 573;…
1Opinion of the CourtRobinson, J.
This is an action by the Midland National Bank of 'Kansas City, as pledgee of twenty bills of lading issued by the Missouri Pacific Railway Company, against said railway company, for failure to *496deliver to it the twenty carloads of grain covered by the bills of lading.
The petition contains forty counts, every consecutive odd and even count thereof being based upon the same bill of lading, and all substantially the same, with the exception of the description as to the particular character of grain in each car, its value, and the car number containing same.
The case was tried by a jury, and,…
2Cases cited1 opinion
- Skilling v. BollmanSupreme Court of Missouri · 1881
3Cited by8 opinions
- Arkansas Southern Railway Co. v. German National BankSupreme Court of Arkansas · 1906
- State Ex Rel. Caldwell v. CockrellSupreme Court of Missouri · 1919
- Davidson Development Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Fourth National Bank of Nashville v. Nashville, C. & St. L. Ry. Co.Tennessee Supreme Court · 1913
- Ratzer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Minnesota · 1896
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