Robbins v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. John C. Park, Judge. (1) The court erred in giving the instruction in the nature of a demurrer to plaintiff’s evidence. It was certainly a question of fact, which should have been submitted to the jury, as to whether or not the rack around the automobile complied with the requirements of the rule of defendant’s schedules in regard to racking or crating. Jones v. Railroad, 59 Mo. App. 137; Blair v. Heibel, 103 M'o.
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Appeal from Jackson Circuit Court. — Son. John C. Park, Judge. (1) The court erred in giving the instruction in the nature of a demurrer to plaintiff’s evidence. It was certainly a question of fact, which should have been submitted to the jury, as to whether or not the rack around the automobile complied with the requirements of the rule of defendant’s schedules in regard to racking or crating. Jones v. Railroad, 59 Mo. App. 137; Blair v. Heibel, 103 M'o. App. 621; Keithley v. Independence, 120 Mo. App. 255. (2) By tendering the amount of freight charges actually due, the plaintiffs…
1Opinion of the CourtEllison, J.
This is an action in replevin for the possession of an automobile. It was instituted before a justice of the peace, where plaintiff had judgment. The defendant appealed to the circuit court, where a trial was had Avhich resulted in the court giving a peremptory instruction to the jury to find for the defendant.
The whole controversy is over a small difference between the parties as to the proper charge to be made *308for freight on the machine. It was shipped to plaintiff and on arrival at Kansas City defendant notified him. He tendered $91 for the freight and $1 for one day’s storage, making $92.…
2Cases cited3 opinions
- Landis v. SaxtonSupreme Court of Missouri · 1886
- Knollenberg v. NixonMissouri Court of Appeals · 1903
- Woolner v. LevyMissouri Court of Appeals · 1892
3Cited by1 opinion
- Humphreys Mercantile Co. v. WalkerMissouri Court of Appeals · 1912