Robinson v. Southern R. Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, .in an action against a sleeping car company and a railroad company to recover for the loss of money by alleged theft while the plaintiff was a passenger.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, .in an action against a sleeping car company and a railroad company to recover for the loss of money by alleged theft while the plaintiff was a passenger. The Court in the opinion stated the facts as follows: Appellant, Leigh Eobinson, plaintiff below, was a passenger •on a Pullman sleeping car attached to a train of the Southern Eailway Company, running between Ashville, North Carolina, ¡and the city of Washington. Plaintiff alleges that, while he was occupying a berth in the…
1Opinion of the CourtJustice Van Orsdel
Plaintiff’s unchallenged testimony furnishes prima facie evidence that the pocketbook and money were stolen from the berth while he was asleep. Counsel for the Pullman Company indulged in considerable speculation, both at bar and in brief, to the effect that the pocketbook might have been dropped in the car between the berth and the toilet room, but the finding in the berth of the papers, which had been extracted from the pocketbook, forbids this presumption.
This decision, we think, can be turned upon the liability of defendants for the property alleged to have been stolen from the berth…
2Cases cited10 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Pullman Co. v. SchaffnerSupreme Court of Georgia · 1906
- Carpenter v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1891
- Kinsley v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1878
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