Hollicke v. Missouri Pacific Railway Co.

Citations

• 99 Kan. 261
• 161 P. 594

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carrier — Failure to Deliver Goods — Evidence. In an action for damages for the failure of a carrier to deliver two boxes of goods, the evidence held sufficient to warrant submitting to the jury an issue whether two boxes short in one shipment were the same two found to be over in another.</p> <p>2. Same — Loss of Merchandise — Evidence of Value — Verdict Unsupported by any Evidence. In such an action the only evidence as to the contents or value of the missing boxes was that of the plaintiff, who testified that one of them contained 192 suits of underwear, worth $83.87, and the other sixty-three men’s suits worth $12 each, or $756. Several witnesses testified that his reputation for veracity was bad. The jury returned a verdict for $300. Held, on appeal by the defendant, that the verdict must be set aside for lack of any evidence warranting a finding of that amount, because if the jury disbelieved the only witness on the subject, they had no basis for determining how much he had exaggerated, or for forming an independent judgment to the value of the goods.</p>