J. D. Marshall Livery Co. v. McKelvy
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) It is a well established proposition of law that, when personal property has been delivered by one party to another in good condition, and the same is damaged while in the possession of the latter, the burden is on the bailee of showing that he treated the property in a ■ proper manner while in his possession, and that the loss or damage to it was not due to his negligence.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) It is a well established proposition of law that, when personal property has been delivered by one party to another in good condition, and the same is damaged while in the possession of the latter, the burden is on the bailee of showing that he treated the property in a ■ proper manner while in his possession, and that the loss or damage to it was not due to his negligence. The burden of proving such negligence is not upon the bailor. Taussig v. ScMelds, 26 Mo. App. 327; Arnotv. Branconier, 14 Mo. App. 431; Weiser…
1Opinion of the CourtBiggs, J.
The plaintiff hired to the defendant a horse and buggy. It was alleged that, at the time the horse was delivered to the defendant, it was in a healthy condition, and that the defendant ‘ 'negligently treated the horse, and drove the same to such an unusual and excessive extent, that said horse died from the effects thereof,” etc.
The plaintiff’s evidence tended to show that the horse was delivered to the defendant at about 1:30 p. m. ; that, at the time, the animal was apparently in good condition; that it died about 9:30 p. m. ; and that, when it was first seen by the plaintiff’s witnesses,…
2Cases cited9 opinions
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Scott v. WoodCalifornia Supreme Court · 1889
- Wiser v. ChesleySupreme Court of Missouri · 1873
- Wilder v. CowlesMassachusetts Supreme Judicial Court · 1868
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3Cited by6 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- Link v. JacksonMissouri Court of Appeals · 1911
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Lebens v. WolfSupreme Court of Minnesota · 1917
- McGaugh v. City of FultonSupreme Court of Missouri · 1947
1 more not listed; retrieve them via the Exa API.