Preston v. Prather
137 U.S. 604 (1891)

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U.S. Supreme Court

Preston v. Prather, 137 U.S. 604 (1891)

Preston v. Prather

No. 116

Argued December 11, 1890

Decided January 5, 1891

137 U.S. 604

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

When a case is heard on stipulation of the parties by the court without the intervention of a jury, and its special findings cover all the disputed questions of fact, and there is in the record no bill of exceptions taken to rulings in the progress of the trial, the correctness of the findings on the evidence is not open for consideration here.

Gratuitous bailees of another's property are not responsible for its loss unless guilty of gross negligence in its keeping, and whether that negligence

Page 137 U. S. 605

existed is a question of fact for the jury to determine, or to be determined by the court where a jury is waived.

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