Berger v. St. Louis Storage & Commission Co.
Missouri Court of Appeals
Appeál from St. Louis City Circuit Court. — No». Bobt. M. Foster, Judge. (1) The trial court misconceived the rule of liability in this case. The defendant was only a warehouseman, holding the property described in the petition under no special contract, and was therefore liable only for negligent loss or injury to such property. G-ashweil'er v. Railroad, 83 Mo. 119, 30 Am. & Eng. Ency.
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Appeál from St. Louis City Circuit Court. — No». Bobt. M. Foster, Judge. (1) The trial court misconceived the rule of liability in this case. The defendant was only a warehouseman, holding the property described in the petition under no special contract, and was therefore liable only for negligent loss or injury to such property. G-ashweil'er v. Railroad, 83 Mo. 119, 30 Am. & Eng. Ency. Law (2 Ed.), 46. (2) The court refused to permit defendant to show that the rugs and carpets described in the first count of the petition were stolen, and instructed the jury to find for the plaintiff if such…
1Opinion of the CourtNortoni, J.
This is an action for the value of several carpets totally lost to the plaintiff and for damages alleged to have accrued to numerous articles *38of furniture while stored in the defendant’s warehouse. Plaintiff recovered and defendant appeals. The defendant, a warehouseman, conducts a storage business for hire. Plaintiff stored her carpets and furniture with it and paid the fee therefor. Upon applying for redelivery of the goods, the carpets could not be found, and it appears several articles of her furniture had been greatly damaged. The defendant warehouseman is a bailee, and the contract…
2Cases cited23 opinions
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Scott v. WoodCalifornia Supreme Court · 1889
- Glover v. HendersonSupreme Court of Missouri · 1894
- Hamlin v. AbellSupreme Court of Missouri · 1894
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wheeling Pittsburgh Steel Corp. v. Beelman River Terminals, Inc.Court of Appeals for the Eighth Circuit · 2001
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Freeman v. ForemanMissouri Court of Appeals · 1910
- Gibson v. EasleyCalifornia Court of Appeal · 1934
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1910
11 more not listed; retrieve them via the Exa API.