Morrow v. Pullman Palace Car Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jamies Gibson, Judge. (1) Plaintiff’s action was grounded upon defendant’s negligence. He alleges a want of ordinary care on the part of defendant to prevent the loss of his wearing apparel and personal effects by theft or otherwise. Beyond the mere fact of loss, his evidence showed no want of ordinary care on the part of defendant. From proof of loss alone, no presumption of negligence arises., 22 Am. and Eng.
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Appeal from Jackson Circuit Court. — Hon. Jamies Gibson, Judge. (1) Plaintiff’s action was grounded upon defendant’s negligence. He alleges a want of ordinary care on the part of defendant to prevent the loss of his wearing apparel and personal effects by theft or otherwise. Beyond the mere fact of loss, his evidence showed no want of ordinary care on the part of defendant. From proof of loss alone, no presumption of negligence arises., 22 Am. and Eng. Ency. of Law, p. 800, under heading “Sleeping Cars;” Whicher v. Railroad, 176 Mass. 275; Tracy v. Pullman Co., 67 How. Pr. 154; Carpenter v.…
1Opinion of the CourtSmith, P. J.
On the evening of July 28, 1901, the plaintiff with his wife, daughter and son, and a Miss Chandler, who accompanied them, took passage in one of defendant’s sleeping cars from Kansas City, in this State, to Oelwein, in the State of Iowa. The plaintiff engaged and paid for a section containing an upper and lower berth, his wife and daughter occupying the lower and his son the upper. He and the members of his family accompanying him had a number of dress-suit cases and valises. After his wife and the other two ladies had retired for the night he withdrew from his inside pocket a purse…
2Cases cited9 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
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