Wentworth v. Riggs
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, ninth district, rendered in favor of the plaintiff, after a trial by a judge without a jury.
1Dissent
Seabury, J. (Dissenting):
I am unable to agree with the views expressed in the prevailing opinion.
In view of the precautions taken by the defendant to police and care for the property of his patrons, I think it is evident that he cannot be held liable for the loss of the overcoat upon any theory of negligence unless there was a bailment. If the defendant is to be held liable at all, it can only be upon this latter theory. Confusion has been engendered by certain cases, which seem to discuss constructive bailment as if it were identical with constructive delivery. The two things are distinct.…
2Cases cited9 opinions
- Bird v. EverardNew York Court of Common Pleas · 1893
- Wamser v. . Browning, King Co.New York Court of Appeals · 1907
- Pattison v. HammersteinAppellate Terms of the Supreme Court of New York · 1896
- Montgomery v. LadjingAppellate Terms of the Supreme Court of New York · 1899
- Shindler v. HoustonCourt for the Trial of Impeachments and Correction of Errors · 1845
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