State Ex Rel. Pabst Brewing Co. v. Ellison
Supreme Court of Missouri
Certiorari. (1) A prima-facie case is made when a delivery of goods to a carrier is shown and a subsequent loss thereof. Steamboat Missouri v. Webb, 9 Mo. 192; Levering v. Trans. & Ins. Co., 42 Mo. 88; Reed v. Ry. Co., 60 Mo. 199; Davis v. Railroad, 89 Mo. 340. (2) When a party to a controversy submits evidence to sustain his burden of proof, the other party is entitled to have the case go to the jury, although nothing contradictory be offered.
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Certiorari. (1) A prima-facie case is made when a delivery of goods to a carrier is shown and a subsequent loss thereof. Steamboat Missouri v. Webb, 9 Mo. 192; Levering v. Trans. & Ins. Co., 42 Mo. 88; Reed v. Ry. Co., 60 Mo. 199; Davis v. Railroad, 89 Mo. 340. (2) When a party to a controversy submits evidence to sustain his burden of proof, the other party is entitled to have the case go to the jury, although nothing contradictory be offered. Gannon v. Gas Co., 145 Mo. 502; Hunt v. Wethington, 205 Mo. 284; Prince v. Miller, 233 Mo. 47; Laughlin v. Kansas City Southern, 205 S. W. 5. (1)…
1Opinion of the CourtWilliamson, J.
This is a certiorari case, in which we are asked to quash the record of the Kansas City Court of Appeals in the suit of the Pabst Brewing Company against the Chicago, Milwaukee & St. Paul Railway Company, hereinafter called the Milwaukee, and the Southern Railway Company, hereinafter called the Southern.
The facts revealed by the opinion of the respondents are few and simple.
The Pabst Brewing Company desired to ship 170 half-barrels of a beverage called “Pablo,” from Milwaukee, Wisconsin, to Globe, Arizona, and for that purpose delivered this shipment to the Milwaukee, as the initial carrier,…
2Cases cited5 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- St. Louis Union Trust Co. v. HillSupreme Court of Missouri · 1920
- Hunter v. WethingtonSupreme Court of Missouri · 1907
- Printz v. MillerSupreme Court of Missouri · 1911
3Cited by5 opinions
- State Ex Rel. Missouri Gas & Electric Service Co. v. TrimbleSupreme Court of Missouri · 1925
- Leavel v. JohnstonMissouri Court of Appeals · 1921
- Haill v. Champion Shoe MacHinery Co.Missouri Court of Appeals · 1934
- Republic National Bank v. Interstate Producing Corp.Missouri Court of Appeals · 1926
- Pabst Brewing Co. v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1925