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PRESTON v. PRATHER

No. 115.

137 U.S. 604 (1891)

11 S.Ct. 162

34 L.Ed. 788

PRESTON, v. PRATHER.

Supreme Court of United States.

Decided January 5, 1891.

Attorney(s) appearing for the Case

Mr. John P. Wilson for plaintiffs in error, with whom was Mr. P.S. Grosscup for Kean, one of the plaintiffs in error.

Mr. W.P. Fennell and Mr. M.D. Brainard also filed a brief for Gray, plaintiff in error.

Mr. Huntington W. Jackson for defendants in error.

Mr. Robert Hervey also filed a brief for defendants in error.

MR. JUSTICE FIELD, after stating the case, delivered the opinion of the court.

By the defendants it was contended below in substance, and the contention is renewed here, that the bonds being placed with them on special deposit for safe-keeping, without any reward, promised or implied, they were gratuitous bailees, and were not chargeable for the loss of the bonds, unless the same resulted from their gross negligence, and they deny that any such negligence is imputable...

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