Rossier v. Wabash Railroad
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Hon. John P. Butler, Judge. (1) The learned judge below tried the case at bar upon the theory that defendant was liable as a warehouseman. This was an error. Upon the undisputed facts here shown, the defendant was a depositary or gratuitous bailee, a lower degree of bailment, and one of far less responsibility. Cohen v. Railway, 59 Mo. App. 68; Plow Co. v. Railway, 61 Mo.
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Appeal from Chariton Circuit Court. — Hon. John P. Butler, Judge. (1) The learned judge below tried the case at bar upon the theory that defendant was liable as a warehouseman. This was an error. Upon the undisputed facts here shown, the defendant was a depositary or gratuitous bailee, a lower degree of bailment, and one of far less responsibility. Cohen v. Railway, 59 Mo. App. 68; Plow Co. v. Railway, 61 Mo. App. 375; Story on Bailments (9 Ed.), sec. 4, p. 10; Schouler on Bailments, p. 12; Edwards on Bailments, (3 Ed.), p. 13; Hutchinson on Carriers (2 Ed.), sec. 2, p. 4. (2) As a gratuitous…
1Opinion of the CourtEllison, J.
— Plaintiff and his wife were passengers on defendant’s railway from Glasgow to Salisbury, Missouri, and had with them certain articles of wearing apparel and jewelry, contained in a trunk, and *518certain samples of stationery, which he was engaged in selling and which were contained in valises or sample' cases. These were checked as baggage from Glasgow to Salisbury. On arriving at the latter town, plaintiff and his wife proceeded to a hotel and the defendant placed the trunk and sample cases in their depot ware-room. Within an hour or two after their arrival, the depot was burned together with…
2Cases cited7 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Gashweiler v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Grimes v. ReynoldsSupreme Court of Missouri · 1904
- Minter v. Pacific RailroadSupreme Court of Missouri · 1867
- Spooner v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1886
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3Cited by4 opinions
- S. Nathan & Co. v. Red Cab, Inc.Court of Appeals for the Seventh Circuit · 1941
- Brooks v. Northern Pac. Ry. Co.Oregon Supreme Court · 1911
- Saffa v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926
- Saffa v. Illinois Central RailroadMissouri Court of Appeals · 1926