Root v. New York Central Sleeping-Car Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. If the loss occurred after the respondent had arisen and left his berth, and all the evidence shows such to have been the case, the respondent was then the custodian of his own valuables, and the demurrer to the evidence should, therefore, have been sustained. Scaling v. Pullman Co., 24 Mo. App. 33 ; Bevis v. Railroad, 26 Mo.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. If the loss occurred after the respondent had arisen and left his berth, and all the evidence shows such to have been the case, the respondent was then the custodian of his own valuables, and the demurrer to the evidence should, therefore, have been sustained. Scaling v. Pullman Co., 24 Mo. App. 33 ; Bevis v. Railroad, 26 Mo. App. 19; Whitney v. Pullman Co., 28 A. & E. R. R. Cas. 147; Pullman Co. v. Gardner, 16 A. & E. R. R. Cas. 324. The respondent’s testimony establishes the fact that his own negligence directjly contributed…
1Opinion of the CourtThompson, J.
This action is brought to recover the sum of $464, which the plaintiff alleges was stolen from him, “by the fraud or negligence of the defendant,” while the plaintiff was a passenger on one of the defendant’s cars. It appeared, from the evidence, that the plaintiff, going to join his family at a watering-place near Boston, and intending to return with them, purchased a railway passage ticket from St. Louis to Boston over the line of associated railways known as the Bee Line, and also bought of the defendant á ticket which entitled him to a berth, toilet accommodations, etc., in one of its…
2Cases cited14 opinions
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Schmidt v. BloodNew York Supreme Court · 1832
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Merrill v. . GrinnellNew York Court of Appeals · 1864
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bacon v. Pullman Co.Court of Appeals for the Fifth Circuit · 1908
- Buck v. People's Street Railway, Electric Light & Power Co.Missouri Court of Appeals · 1891
- Whicher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Fisher v. the Pullman Co.Missouri Court of Appeals · 1923
- Williams v. WebbAppellate Terms of the Supreme Court of New York · 1899
9 more not listed; retrieve them via the Exa API.