E. O. Stanard Milling Co. v. White Line Central Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cou/rt. (1) Plaintiff made no case entitling it to go to the jury, and defendant’s demurrers to the evidence should have been sustained, both the one offered at the close of plaintiff’s case, and that offered at the close of the whole case. Gray v. Packet Co., 64 Mo. 49; McLean v. Rutherford, 8 Mo. 13; Graves v. Poage, 17 Mo. 91; Whitney v. Bank, 55 Yert. 155; s.- c., 45 Am.
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Appeal from St. Louis City Circuit Cou/rt. (1) Plaintiff made no case entitling it to go to the jury, and defendant’s demurrers to the evidence should have been sustained, both the one offered at the close of plaintiff’s case, and that offered at the close of the whole case. Gray v. Packet Co., 64 Mo. 49; McLean v. Rutherford, 8 Mo. 13; Graves v. Poage, 17 Mo. 91; Whitney v. Bank, 55 Yert. 155; s.- c., 45 Am. Rep. 598. It follows that, even should it appear that errors • were afterward committed, such errors could not have been prejudicial to the plaintiff. But no subsequent errors were…
1Opinion of the CourtBuegess, J.
This is an action against the defendant on its common law liability as a common carrier. The petition alleges that defendant “is a common carrier for goods for hire and as such received from plaintiff certain flour to be carried to New York and there delivered to plaintiff.” It also avers that defendant carried the flour to New York, but did not deliver it to plaintiff, but stored it; that it reached its destination on the twenty-seventh, twenty-eighth and thirtieth days of March, 1889, and was, on the nineteenth of April, 1889, while in defendant’s possession, by reason of the failure of…
2Cases cited24 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
19 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Exporters' & Traders' Compress & Warehouse Co. v. SchulzeTexas Commission of Appeals · 1924
- Cazzell v. SchofieldSupreme Court of Missouri · 1928
- Heshion Motors, Inc. v. Western International HotelsMissouri Court of Appeals · 1980
52 more not listed; retrieve them via the Exa API.