Cumins v. Wood
Illinois Supreme Court
Appeal from the Circuit Court of Cook county: the Hon. E. S. Williams, Judge, presiding. • This was an action on the case, brought in the court below, by William Wood against Cumins & King, to recover the value of certain articles of household furniture, stored with the defendants by the plaintiff, and alleged to have been lost or broken while in the care of the defendants.
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Appeal from the Circuit Court of Cook county: the Hon. E. S. Williams, Judge, presiding. • This was an action on the case, brought in the court below, by William Wood against Cumins & King, to recover the value of certain articles of household furniture, stored with the defendants by the plaintiff, and alleged to have been lost or broken while in the care of the defendants. The court found the issue for the plaintiff, and assessed his damages at $250, and judgment was entered accordingly. The defendants bring the cause to this court by appeal. The only question arising under the assignment of…
1Opinion of the CourtJustice Lawrence
The only question of law in this record is, as to where lies the burden of proof as to the fact of negligence in an action brought by a bailor against a bailee, in whose hands the goods have suffered injury. The counsel for appellants, while admitting the authorities to be in conflict, insist that the weight of authority would throw the burden on the bailor. We held the opposite rule to be the more reasonable one in the ease of Bennett v. O'Brien, 37 Ill. 250, and we are not inclined to depart from that decision. That, it is true, was a case of gratuitous bailment, but the reason of the rule…
2Cases cited1 opinion
- Bennett v. O'BrienIllinois Supreme Court · 1865
3Cited by51 opinions
- Agricultural Ins. v. ConstantineOhio Supreme Court · 1944
- Miles v. International Hotel Co.Illinois Supreme Court · 1919
- Byalos v. MathesonIllinois Supreme Court · 1927
- Schaefer v. Washington Safety Deposit Co.Illinois Supreme Court · 1917
- Saddler v. Nat. Bank of BloomingtonIllinois Supreme Court · 1949
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