Toledo, Peoria & Warsaw Railway Co. v. Kickler
Toledo, Peoria & Warsaw Railway Co. v. Kickler
Opinion of the Court
delivered the opinion of the Court:
We can hardly appreciate the objection taken to the verdict and judgment in this case. Manufacturers and dealers in whiskey, as the plaintiffs were, are presumed to know, and do know, the value of the article in which they deal, in every market to which they send it. This whiskey was shipped to St. Louis; there were 1,264 gallons, confined in thirty barrels, and the witness stated it was then worth $2.25. The jury had a right to understand that this value applied to the gallon and not to the barrel, and so would any person understand it when talking of its market value. A fair construction of the evidence would apply this value to the market at St. Louis, to which place it was destined.
The evidence sustains the verdict, and the judgment must be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Toledo, Peoria & Warsaw Railway Company v. Hermann Kickler
- Status
- Published
- Syllabus
- Evidence—of sufficiency of evidence. In an action on the case to recover the value of thirty barrels of whiskey—1,264 gallons—one of the plaintiffs testified, “ that they shipped, on the 28th of December, 1866, over the Peoria, Pekin & Jacksonville Railroad, to St. Louis, by way of Peoria, and consigned to H. D. Meyer & Co., St. Louis, thirty barrels—1,264 gallons— Whiskey, then worth $2.25, and twenty barrels pork, worth $20 per barrel Meld, that a fair construction of the evidence would apply this value to the market value per gallon at St. Louis, the place of its destination.