Brown Shoe Co. v. Hardin
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by the Brown Shoe Company against Silas Iiardin, doing business, etc. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POEFENBARGBR, JUDGE :
The judgment for plaintiff, here complained of, is based upon a finding by the trial court acting ill lieu of a jury, by consent, of the parties, upon a statement of facts agreed to.
The right of the controversy depends largely upon the law of bailment. The action was brought to recover the value of two traveling trays or telescopes and their contents, which were lost after having been placed in the care and custody of the defendant’s agent, by an agent of the plaintiff, for carriage, as baggage, from some point in the City of Charleston to the station of the Chesapeake…
2Cases cited5 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Hutchinson v. United States Express Co.West Virginia Supreme Court · 1907
- Berry v. West Virginia & P. R.West Virginia Supreme Court · 1898
- Coal Co. v. RichterWest Virginia Supreme Court · 1888
- Hurley & Son v. Norfolk & Western Ry. Co.West Virginia Supreme Court · 1910
3Cited by5 opinions
- Brace v. Salem Cold Storage, Inc.West Virginia Supreme Court · 1961
- Adkins v. SlaterWest Virginia Supreme Court · 1982
- Harry H. Winer v. United StatesCourt of Appeals for the Sixth Circuit · 1956
- Harry H. Winer v. United StatesCourt of Appeals for the Sixth Circuit · 1956
- Mayer v. Yellow Cab Co.Pennylvania Municipal Court, Philadelphia County · 1931