Sulpho-Saline Bath Co. v. Allen
Nebraska Supreme Court
ERROR from the district court for Lancaster county. Action in nature of special assumpsit by bailor against bailee for hire. Tried below before Holmes, J. Judgment for plaintiff. Defendant brings error. Plaintiff-below’s testimony discloses negligence on Ms part in losing his key, or in allowing the same to be stolen while in his possession. This negligence was the direct or proximate cause of the loss complained of, and plaintiff could not recover.
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ERROR from the district court for Lancaster county. Action in nature of special assumpsit by bailor against bailee for hire. Tried below before Holmes, J. Judgment for plaintiff. Defendant brings error. Plaintiff-below’s testimony discloses negligence on Ms part in losing his key, or in allowing the same to be stolen while in his possession. This negligence was the direct or proximate cause of the loss complained of, and plaintiff could not recover. Brady v. Chicago, St. P., M. & O. R. Co., 59 Hebr., 238; Omaha E. R. Co. v. Doolittle, 7 Nebr., 481.
1Opinion of the Court
Dtjfete, C.
The plaintiff in error operates a bath-house in the city of Lincoln, having among its other attractions, a plunge bath. In the office where tickets are. sold is a system of drawers or boxes in charge of an attendant who presents one of them to any patron having valuables about his person, in which the valuables are deposited, the box returned to its proper place and locked, and the key given to the patron. After taking his bath the visitor returns the key to the attendant, who unlocks and presents the drawer to the visitor, who, in this way, regains possession of such valuables as…
2Cases cited1 opinion
- Bunnell v. . SternNew York Court of Appeals · 1890
3Cited by15 opinions
- Agricultural Ins. v. ConstantineOhio Supreme Court · 1944
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Bohmont v. MooreNebraska Supreme Court · 1940
- Shiman Bros. v. Nebraska National Hotel Co.Nebraska Supreme Court · 1945
- Greer v. Los Angeles Athletic ClubCalifornia Court of Appeal · 1927
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