Efron v. Wagner Palace Car Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Hon, Jacob Klein, Judge. Appellant is not an insurer with respect to the baggage of a passenger on its cars, and is not liable as to such baggage, either as an inn-keeper or common carrier. Hutchinson on Carriers [2 Ed.], sec. 700a; 2 Redfield on the Law of Railways, page 227, note a; Thompson on Carriers, page 531; Scaling v. Pullman Palace Gar Go., 24 Mo. App. 32; Welch v. Pullman Palace Car Co., 16 Abb. Pr.
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Appeal from the St. Louis City Circuit Court.—Hon, Jacob Klein, Judge. Appellant is not an insurer with respect to the baggage of a passenger on its cars, and is not liable as to such baggage, either as an inn-keeper or common carrier. Hutchinson on Carriers [2 Ed.], sec. 700a; 2 Redfield on the Law of Railways, page 227, note a; Thompson on Carriers, page 531; Scaling v. Pullman Palace Gar Go., 24 Mo. App. 32; Welch v. Pullman Palace Car Co., 16 Abb. Pr. (N. S.), 352; The Pullman Palace Car Go., v. Smith, 73 111. 360; Blumv. Southern Palace Car Co., 1 Elipp. 500; Railroad v. Kandy, 63 Miss.…
1Opinion of the CourtRombauer, P. J.
On July 9, 1890, on which day the sun set at 7:40 p. m., the plaintiff bought a ticket for a sleeping berth on one of defendant's cars from St. *643Louis to Buffalo, New York. He came to the car shortly after 7 o’clock, and gave his valise to the porter with directions to place it in the berth assigned to him, which the porter did. A few minutes thereafter the plaintiff entered the car, and found his valise in his berth. He left again and spent the time until the departure of the train, which was at 7:15 or 7:25, in promenading near the car. When the train started, thg plaintiff mounted the rear…
2Cases cited4 opinions
- Pullman Palace Car Co. v. SmithIllinois Supreme Court · 1874
- Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
- Illinois Central Railroad v. HandyMississippi Supreme Court · 1886
- Church v. Chicago & Alton RailroadSupreme Court of Missouri · 1893
3Cited by4 opinions
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Whicher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Dings v. Pullman Co.Missouri Court of Appeals · 1913