Milwaukee Mirror & Art Glass Works v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Carl Eeiman, an employee of plaintiff, was a passenger on tbe defendant road from Arena to Milwaukee, carrying witb bim in tbe passenger coaeb a sample case belonging to plaintiff wbicb contained patterns and designs used in its business, in soliciting orders.
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Appeal from a judgment of tbe circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Carl Eeiman, an employee of plaintiff, was a passenger on tbe defendant road from Arena to Milwaukee, carrying witb bim in tbe passenger coaeb a sample case belonging to plaintiff wbicb contained patterns and designs used in its business, in soliciting orders. Tbe case was twenty-six inches long, seventeen inches wide, five inches high, weighed about forty pounds, and contained, in part, valuable breakable patterns, and was for that reason not checked .in tbe baggage car. When Eeiman arrived at…
1Opinion of the CourtVinje, J.
The defendant claims the bailment was a gratuitous one and, since no gross negligence was shown on its part, plaintiff was not entitled to recover. Reliance is placed upon the ease of Minor v. C. & N. W. R. Co. 19 Wis. 40, to sustain this position. There, a passenger at the end of the journey handed her valise to the baggageman with the request that he keep it for her a few hours till she sent for it, and the court very properly held that the evidence showed beyond all question a gratuitous bailment. There was no evidence that the defendant stored baggage for hire, or that the plaintiff so…
2Cases cited7 opinions
- Casper v. StateWisconsin Supreme Court · 1879
- Hildebrand v. CarrollWisconsin Supreme Court · 1900
- Terry v. Southern Ry.Supreme Court of South Carolina · 1908
- Geo. C. Bagley Elevator Co. v. American Express Co.Supreme Court of Minnesota · 1895
- Browning v. Goodrich Transportation Co.Wisconsin Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Afflerbaugh v. Geo. Grede & Bro.Wisconsin Supreme Court · 1923