Missouri Court of Appeals April 14, 1908 (Wernick v. St. Louis & San Francisco Railroad)

GOODE, J.

(after stating the facts.) —The instruction given on plaintiff’s request advised the jury that if the “mules were injured by or in consequence of the negligence or carelessness of the defendant company to ship them according to contract” the verdict should be for plaintiff. This instruction jumbled tort and contract as theories of the case, authorizing a.