Bevis v. Baltimore & Ohio Railroad
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Leroy B. Valliant, Judge. This court' has already recognized as the law governing the liability of those operating sleeping cars that they are responsible only for a failure to exercise reasonable and ordinary care for the protection of the property of its passengers from theft, and that the burden of proving such want of care is upon the passenger in such cases. Scaling v. Car Co., 24 Mo. App. 29 ; Bevis v. Railroad,. 26 Mo.
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Appeal from the St. Louis Circuit Court, Hon. Leroy B. Valliant, Judge. This court' has already recognized as the law governing the liability of those operating sleeping cars that they are responsible only for a failure to exercise reasonable and ordinary care for the protection of the property of its passengers from theft, and that the burden of proving such want of care is upon the passenger in such cases. Scaling v. Car Co., 24 Mo. App. 29 ; Bevis v. Railroad,. 26 Mo. App. 19; Welch v. Car Co., 1 Sheldon [N. Y.] 459 ; Palmeter v. Car Co., 11 Alb. L. J. 149 ; Blum v. Car Co., 1 Plipp. [U.…
1Opinion of the CourtRombauer, P. J.
This is an action to recover the value of certain ■articles which plaintiff claims were stolen from him while a passenger on defendant’s sleeping car, charging that the loss was caused by defendant’s negligence.
The cause was before us on a former appeal by -defendant. 26 Mo. App. 19. The judgment was then reversed on the sole ground of the admission of irrelevant evidence. The re-trial of the cause again resulted in a verdict for plaintiff, and the errors assigned on this •appeal are, that the court erred in permitting the'case to go to the jury, and that the verdict is against the evidence…
2Cases cited6 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
- Bevis v. Baltimore & Ohio RailroadMissouri Court of Appeals · 1887
- Forester v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1896
- Baker v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- McKinney v. HarralMissouri Court of Appeals · 1889
- Hance v. Wabash & Western Railway Co.Missouri Court of Appeals · 1895
- Southwest Lead & Zing Co. v. Phœnix InsuranceMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.