St. Louis & S. F. Ry. Co. v. Ewing
St. Louis & S. F. Ry. Co. v. Ewing
Opinion of the Court
This is the second appeal of this case. See 126 S. W. 625. It is a suit by appellee, S L. Ewing, against appellant, St. Louis & San Francisco Railway Company, to recover the sum of $600, together with 6 per cent, interest from May, 1903, on account of the conversion by appellant of six Fox typewriters, appellee claiming that said typewriters were shipped to him from the Fox Typewriter Company of Detroit, Mich., and were duly transported by the connecting carriers to Kansas City, Mo., and delivered to appellant, and that appellant has failed and refused to deliver the same to appellee, and has unlawfully converted the same to appellant’s own use. By its answer the appellant admitted that the typewriters’ had been received by it for transportation as a connecting carrier from Kansas City, Mo., but, in bar of any recovery, pleaded that said typewriters while in its possession were damaged and destroyed as the direct and proximate result of an unusual and unprecedented flood, which over *1029 flowed and inundated appellant’s yards at Kansas City on May 31, 1903, and that the same were sold by appellant after the flood for salvage. The case was tried before the court and a jury, and the trial resulted in a verdict and judgment in' favor of the ap-pellee for the sum of $300. The verdict returned into court reads thus: “We, the jury, find for the plaintiff in the sum of $50.00 each for six typewriters. R. J. Mushaway, Foreman.”
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