Wiser v. Chesley
Supreme Court of Missouri
•Appeal from, St. Louis Circuit Court. I. The burden of proof concerning negligence is not on defendant but on plaintiff. (McCarty vs. Wolf, 40 Mo., 520; 1 Smith’s Lead. Cases, 421-422 (notes to 6th Ed., 1866); Harrington vs. Snyder, 3 Barb., 380 ; Foot vs. Storrs, 2 Barb., 327; Runyan vs. Caldwell, 7 Humph., 134; Mims vs. Mich-ell, 1 Texas, 440; Schmidt vs. Blood, 9 Wend., 268 ; Story on Bailments, 225-226.) II.
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•Appeal from, St. Louis Circuit Court. I. The burden of proof concerning negligence is not on defendant but on plaintiff. (McCarty vs. Wolf, 40 Mo., 520; 1 Smith’s Lead. Cases, 421-422 (notes to 6th Ed., 1866); Harrington vs. Snyder, 3 Barb., 380 ; Foot vs. Storrs, 2 Barb., 327; Runyan vs. Caldwell, 7 Humph., 134; Mims vs. Mich-ell, 1 Texas, 440; Schmidt vs. Blood, 9 Wend., 268 ; Story on Bailments, 225-226.) II. Being a bailee without reward, and without any special contract, he was liable only for gross negligence, and bound only to exercise reasonable care in keeping the money. (McLean vs.…
1Opinion of the CourtSherwood, Judge
This was an action instituted before a justice of the peace by Wiser against Chesley for money alleged to have been *548deposited with the latter by the former. The cause was tried anew in the Circuit Court.
The defendant-at the time of the deposit was the proprietor of the St. Clair Hotel and the plaintiff a boarder there, and the evidence tended to show, that plaintiff had deposited with the clerk of the defendant the amount of money for which suit was brought; .that the money had been put in the safe of the hotel, and a check as evidence of such deposit returned to plaintiff, who frequently…
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