Heiser v. Berger Catering Co.
Heiser v. Berger Catering Co.
Opinion of the Court
The action is for the conversion of a suitcase and its contents and was commenced before a justice of the peace and in due course appealed to the circuit court. Plaintiff’s evidence tends to show he is a resident of the State of Kentucky; that he arrived in the city of St. Louis on August 14, 1904, and registered at the Hotel Milton, situated on Eighteenth and Chestnut streets and was assigned a room. He took his suitcase to the room and stayed over night and on the following morning deposited it at the check room of the Hotel and received a check therefor. He attended the World’s Fair during the day and returned to the hotel in the evening, occupying the same room over night. On the following morning (August sixteenth) he called a bell boy, to whom he gave his check with the request that he bring up his suitcase. The boy returned with the check, stating the suitcase could not be found. Plaintiff then reported the loss to the hotel clerk, who instituted a search but the suitcase was never found. Plaintiff offered evidence tending to prove the contents of the suitcase and the value both of the contents and of the case; also evidence showing defendant was the lessee of the hotel and conducted it in connection with and as an adjunct to its restaurant in the same building. There is no substantial countervailing evidence. The issues were submitted to the court, sitting as a jury, who, after hearing the evidence, found for plaintiff and assessed his damages at the proved value of the suitcase and its contents.
The judgment is for the right party and is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.