Mo. Pac. R'y Co. v. Slater
Mo. Pac. R'y Co. v. Slater
Opinion of the Court
Opinion by
§ 7. Liability of connecting lines of carriers; case-stated. Appellee, at New York, purchased passenger tickets for herself and children from the agent of the Erie Railroad Company, to Austin, Texas. Her baggage consisted of four packages, and the same was received as baggage by the Erie Railroad Company to be carried to Austin, Texas, and was carried to said destination over the line of said Erie Railroad and connecting lines, appellant’s line of road being one of said connecting lines. Her baggage exceeded the weight required to be carried free of charge, and of this fact she was informed by the agent of the Erie Railroad Company at New York, and she arranged with said agent to pay the extra charge at Austin, and did pay said extra charge at Austin to appellant’s agent at that place. A portion of her baggage was lost on the route, and another portion was damaged, and joined by her husband she brought this suit to recover damages for such loss and injury, and recovered judgment for $189.50 and costs. There was no proof that the loss and injury to the goods occurred while said goods were in the possession of appellant, and it is insisted by appellant that in the absence of such proof it is not liable therefor. In answer to this, appellees submit the proposition that, “ when connecting lines of railroads are operated in conjunction with each other, sell through passenger tickets, and give baggage checks which each recognize, and the passenger and his baggage are allowed to pass thereon without extra charges, each road
§ 8. Liability for goods received as baggage. Among the articles contained in appellee’s baggage, which were lost or injured, were the following, viz.: a family portrait, a group of photographs framed; a meerschaum pipe; a five-light chandelier and a mirror. It is contended by appellant that these articles were not baggage, and that it is not, therefore, liable for their loss or injury. Held: As appellant received the same as baggage, and charged and received extra compensation for the same as baggage, at baggage rates, no questions being asked by its agents as to the character of the goods, and no misrepresentation having been made by appellees in relation thereto, appellant is responsible for the loss and damage, although the articles were not such as are ordinarily included in the term baggage. [Stoneman v. R. R. Co. 52 N. Y. 429; Hannibal R. R. Co. v. Swift, 12 Wall. 262.] Judge Hurt further remarks as follows: “The writer is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.