Costigan v. Michael Transportation Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The judgment is without any evidence to support it, and should, therefore, be reversed. Schenck v. Sautter, 73 Mo. 46. The rule is that a verdict in a law action unsupported by any substantial evidence will not be allowed to stand. Avery v. Fitzgerald, 94 Mo. 207-216; Lionberger v. Pohlman, 16 Mo. App. 392; Fischer v. Merchants ’ Co., 13 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The judgment is without any evidence to support it, and should, therefore, be reversed. Schenck v. Sautter, 73 Mo. 46. The rule is that a verdict in a law action unsupported by any substantial evidence will not be allowed to stand. Avery v. Fitzgerald, 94 Mo. 207-216; Lionberger v. Pohlman, 16 Mo. App. 392; Fischer v. Merchants ’ Co., 13 Mo. App. 133. It was reversible error to admit testimony against defendant’s objection that, in the early part of 1888 (nearly a year after the accident), the pilot of the vessel had…
1Opinion of the CourtPeers, J.
This is an action against the defendant as a common carrier for failure to deliver all the goods of the consignor entrusted to its charge. The petition alleges the incorporation of the defendant, and that on the fourteenth of May, 1887, plaintiff delivered to the defendant, near the mouth of the Big Muddy river, fór transportation to St. Louis, forty-seven hundred railroad cross-ties, agreeing to pay defendant for their transportation and delivery at the. rate of ten cents per tie, and received defendant’s bill of lading therefor; that the defendant failfed to deliver fourteen hundred of the…
2Cases cited3 opinions
- Hill v. SturgeonSupreme Court of Missouri · 1859
- Collier v. Valentine ex rel. St. Louis InsuranceSupreme Court of Missouri · 1848
- Legg v. JohnsonMissouri Court of Appeals · 1886
3Cited by5 opinions
- Pettyjohn v. Oregon Coal & Nav. Co.Oregon Supreme Court · 1911
- Costigan v. Michael Transportation Co.Missouri Court of Appeals · 1889
- Walter v. HoeffnerMissouri Court of Appeals · 1892
- George v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1894
- State v. NaylorOregon Supreme Court · 1915