Degge v. American Express Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court erred ■ in overruling the defendant’s demurrer to the evidence. The burden of proof was upon the plaintiff to show negligence on the part of defendant, or that the injury to the picture complained of occurred while it was in defendant’s possession. As to this, there was a complete failure of proof.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court erred ■ in overruling the defendant’s demurrer to the evidence. The burden of proof was upon the plaintiff to show negligence on the part of defendant, or that the injury to the picture complained of occurred while it was in defendant’s possession. As to this, there was a complete failure of proof. Witting v. Bailroad, 101 Mo. 631; Standard Milling Co. v. Transit Co., 122 Mo. 258. Moreover, the plaintiff, having shown that the picture was receipted for as in good order, a perfect prima facie defense was made…
1DissentRombauer, P. J.
(dissenting). — I can not concur either in the result reached by the opinion, or in the reasoning by which it is reached. It first attempts to demonstrate that there was some evidence from which the jury might have inferred that the injury to the picture occurred while it was in the possession of the defendant, and then proceeds to vacate a verdict because the jury did not so infer. It does not even *106purport to deal with the propriety of the inference as based upon probabilities, but only with its admissibility. As the trial court in the very nature of things can have no superior facilities of…
2Cases cited2 opinions
- Ocean Steamship Co. v. McAlpinSupreme Court of Georgia · 1883
- Nave v. Pacific Express Co.Missouri Court of Appeals · 1885