Silver v. St. Louis, Iron Mountain, & Southern Railway Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Upon the-pleading’s in this case, under the Practice Act, this cause was triable only by the court, and could not be tried by a jury, even by consent. — Wag. Stat. -1041, secs. 12, 13; 2 Nash’s PI. & Pr. 364; Bray v. Thatcher, 28 Mo. 133; Oowanv.
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Appeal from St. Louis Circuit Court. Upon the-pleading’s in this case, under the Practice Act, this cause was triable only by the court, and could not be tried by a jury, even by consent. — Wag. Stat. -1041, secs. 12, 13; 2 Nash’s PI. & Pr. 364; Bray v. Thatcher, 28 Mo. 133; Oowanv. Sellew, 28 Mo. 330; Morris v. Morris, 28 Mo. 117; Hunter v. Whitehead, 48 Mo. 124; Meelcs v. Senden,. 54 Mo. 130. Principal and agent. — Coal, etc., Co. v. Railroad Co., 35 Mo. 85. Where the merits of the case have been fairly placed before the jury, an appellate court will disregard any informality in making up…
1Opinion of the CourtLewis, P. J.
The petition states, in effect, that in January, 1871, the-plaintiffs were owners of the steamboat T. L. McGill, and. common carriers, the defendant being at the same time a., common carrier by railway between the city of St. Louis . and Belmont, on the Mississippi River; that the McGills being at Belmont, with a cargo from New Orleans for St.. Louis, it was agreed between the parties that the defendant would there receive and transport said cargo to its destination, and would also carry from St. Louis to Belmont about eight hundred tons of freight, to be shijoped on the McGill for sundry…
2Cited by3 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1932
- Buffington v. GreenMissouri Court of Appeals · 1926
- Brewer v. SwartzMissouri Court of Appeals · 1900