World's Columbian Exposition Co. v. Republic of France

• Decision Date: 02 December 1898
• Docket Number: 488.
• Parties: WORLD'S COLUMBIAN EXPOSITION CO. v. REPUBLIC OF FRANCE.
• Court: U.S. Court of Appeals — Seventh Circuit

91 F. 64

WORLD'S COLUMBIAN EXPOSITION CO. v. REPUBLIC OF FRANCE.

No. 488.

United States Court of Appeals, Seventh Circuit.

December 2, 1898

The defendant (plaintiff in error in this court) was summoned to answer a plea of trespass on the case. The declaration as originally filed, barring the venue and the title of the cause and court, was as follows:

'The French republic, a foreign nation, by William Burry, its attorney, complains of the World's Columbian Exposition Company, a corporation organized and existing under and by virtue of the laws of the state of Illinois, and having its principal place of business in the city of Chicago, in said Northern district, defendant, of a plea of trespass on the case.

'For that whereas the defendant on, etc., in, to wit, the said Northern district, was then and there incorporated for the purpose of holding and was engaged in preparing to hold an exposition of, among other things, all kinds of manufactured articles, and thereafter, to wit, during the year 1893, did hold and conduct such an exposition, and, to aid in holding said exposition, did invite all persons corporations, and foreign nations to come to said city of Chicago, and there exhibit their goods, manufactures, and other articles in the buildings and under the control and care of defendant, which invitation was accepted by many people and nations; and upon the inauguration of said exposition and during the continuance of said exposition which was during the summer of A.D. 1893, said defendant did charge and collect an admission fee from all visitors to said exposition, and did make divers and large profits from said admission fees; and being so engaged and for the purpose of obtaining said moneys by way of admission fee and otherwise, said defendant did invite, among others, said plaintiff to bring to said exposition and there exhibit its goods and manufactures, and plaintiff did thereupon, at defendant's request, transport into the inclosure of said defendant company in Chicago aforesaid divers and various articles of manufacture belonging to plaintiff, of great value, to wit, of the value of one hundred thousand dollars ($100,000), and being tapestries, china wares, and other goods; and said goods were thereupon, for the profit and benefit of said defendant, placed upon exhibition, and were of great value to said defendant in drawing many visitors to said exposition, from whom said defendant gained and collected large amounts as admission fees,-- all of which was done by plaintiff without pay or recompense to it from said defendant or any other person. And thereupon it became and was the duty of said defendant to care for, protect, and safely keep all of said goods of plaintiff so by it placed within the inclosure and under the care of said defendant, and particularly to save the same from all loss or damage from fire or water. Yet the defendant, notwithstanding the premises, did not protect said goods of plaintiff from damage by fire and water, but carelessly and recklessly neglected to take proper care of or precautions in regard to said goods, and in consequence thereof, and without fault or neglect on the part of plaintiff, said goods were, on, to wit, the 8th day of January, 1894, damaged, broken, destroyed, and consumed by fire, and said goods were thereby rendered utterly and wholly useless and worthless, to the damage of plaintiff in the sum of one hundred thousand dollars ($100,000).

'Second count: And for that whereas also defendant on, etc., in, to wit, said Northern district, was then and there incorporated for the purpose of holding an exposition of, among other things, all kinds of manufactured articles, and thereafter, to wit, during the year 1893, did hold and conduct such an exposition, and, to aid in holding said exposition, did invite all persons, corporations, and foreign nations to come to said city of Chicago, and there exhibit, for the benefit of said defendant, their goods, manufactures, and other articles in the inclosure and buildings of defendant, and under its control and care, and did specially promise and undertake to use, observe, and take all reasonable and proper precautions for the protection of said property against loss or damage occasioned by fire, which invitation was accepted by many people and nations; and upon the inauguration and during the continuance of said exposition, which was during the summer of A.D. 1893, said defendant did charge and collect admission fees from all visitors to said exposition, and did make divers and large profits from said admission fees and from exhibiting the aforesaid goods, manufactures, and other articles; and being so engaged, and for the purpose of obtaining said moneys by way of admission fees and otherwise, said defendant did invite, among others, said plaintiff to bring to said exposition and there exhibit its goods and manufactures; and plaintiff did thereupon, at defendant's said request, transport into the inclosure and buildings of said defendant, in Chicago aforesaid, divers and various articles of manufacture belonging to plaintiff, of great value, to wit, of the value of one hundred thousand dollars, and being tapestries, china wares, and other goods; and thereupon said defendant did take charge of said goods and designate places where they should be exhibited, and did take the right upon itself to regulate the care and moving of said exhibits, and prescribed rules and regulations for the removing of said exhibits when said exposition should be completed, and did direct that said goods of plaintiff should only be removed from said buildings and inclosure under the rules of said defendant, and in vehicles of transportation obtained through it or its officers; and said goods were thereupon, for the profit and benefit of said defendant, placed upon exhibition, and were of great value to said defendant in drawing many visitors to said exposition from whom said defendant gained and collected large amounts as admission fees, etc.; and said exhibition of said plaintiff's goods was by it done without recompense or reward to said plaintiff moving from said defendant or any other person. And thereupon it became and was the duty of said defendant to care for, protect, and safely keep all of said goods of plaintiff so by it placed within the inclosure and buildings and under the care of said defendant, and particularly to save the same from all loss or damage from fire or water. Yet the defendant, notwithstanding the premises, and in violation of its undertakings, did not protect said goods of plaintiff from damage by fire or water, but carelessly and recklessly neglected to take proper care of or precautions in regard to said goods, and upon the expiration of said exposition did not furnish said plaintiff with proper means or vehicles for removing said goods from the buildings of defendant, and obstructed plaintiff in removing its said goods, and immediately upon the close of said exposition, and before any reasonable or proper time was given for the removal of said goods, did withdraw almost entirely all police protection from said buildings and goods, and did also withdraw, abolish, and discontinue almost the entire fire department maintained by said defendant in connection with said exposition, and left said police and fire protection wholly inadequate, and did particularly withdraw from one of said defendant's buildings, to wit, the building known as the 'Building for Arts and Manufactures,' all appliances for putting out fire therein, and disconnected all water mains therefrom, and took away stand pipes erected for the purpose of putting out fire, and left said building wholly and completely at the mercy of any fire that might occur therein through accident or design; and in consequence thereof, and without fault or negligence on the part of plaintiff, said plaintiff's goods in said building were, on, to wit, the 8th day of January, 1894, consumed, broken, damaged, and destroyed by fire and water, and said goods were thereby rendered utterly and wholly useless and worthless, to the damage of plaintiff in the sum of one hundred thousand dollars.

'Third count: And for that whereas also defendant on, etc., in, to wit, said Northern district, was then and there incorporated for the purpose of holding an exhibition of, among other things, all kinds of manufactured articles, and thereafter to wit, during the year 1893, did hold and conduct such an exposition and to aid in holding said exposition did invite all persons, corporations, and foreign nations to come to said city of Chicago, and there exhibit their goods, wares, manufactures, and other articles in the inclosure and buildings of defendant, and under its control and care, and did especially promise and undertake to use, observe, and take all reasonable and proper precautions for protection of said property against loss or damage, which invitation was accepted by many people and nations; and upon the inauguration and during the continuance of said exposition, which was during the year A.D. 1893, said defendant did charge and collect admission fees from all visitors to said exposition, and did make divers and large profits from said admission fee and from exhibiting the aforesaid goods, manufactures, and other articles; and being so engaged, and for the purpose of obtaining said moneys and profits by way of admission fees and otherwise, said defendant did invite, among others, said plaintiff to bring to said exposition and exhibit its goods and manufacturers; and plaintiff did thereupon, at defendant's said request, transport into the inclosure and buildings of said defendant in Chicago aforesaid divers and various articles of manufacture belonging to plaintiff of great value, to wit, of...