Rayl v. Kreilich
Missouri Court of Appeals
Appeal from the St. Genevieve Circuit Court. — Hon. Henry Shaw, Special Judge. An agister is bound only to take reasonable and ordinary care of the bailment, and in case of loss, negligence must be shown by the owner or bailor of the property before he can recover the value of his animal, either particular negligence by which the animal was lost, or gross general negligence, and the burden of proof to show such negligence is upon the plaintiff; and if that be not shown the…
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Appeal from the St. Genevieve Circuit Court. — Hon. Henry Shaw, Special Judge. An agister is bound only to take reasonable and ordinary care of the bailment, and in case of loss, negligence must be shown by the owner or bailor of the property before he can recover the value of his animal, either particular negligence by which the animal was lost, or gross general negligence, and the burden of proof to show such negligence is upon the plaintiff; and if that be not shown the plaintiff can not recover. Eey v. Toney, 24 Mo. 600; McCarthy v. Wolfe, 40 Mo. 520; Perry v. Beardlee, 10 Mo. 568;…
1Opinion of the CourtBiggs, J.
— The plaintiff placed with the defendants a yearling heifer for pasturage. At the termination of the bailment he made a demand for the return *248of the animal, which the defendants were unable to comply with on account of its loss. The statement before the justice was in the form of an account for the recovery of the value of the heifer. On a trial in the circuit court the testimony on the part of the plaintiff only tended to prove the agistment, the demand for the return of the property, and the inability of the defendants to comply with the demand. The evidence of the defendants was to the…
2Cases cited5 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Wiser v. ChesleySupreme Court of Missouri · 1873
- Casey v. DonovanMissouri Court of Appeals · 1896
- Kincheloe v. PriestSupreme Court of Missouri · 1886
- Mason v. St. Louis Union Stock Yards Co.Missouri Court of Appeals · 1894
3Cited by1 opinion
- Dixon v. McDonnellMissouri Court of Appeals · 1902