Stanfield v. Frank Parmelee Co.

Mr. Presiding Justice O’Connor

dissenting:

In my opinion the facts in this case, under the law, limit defendant’s liability to the loss of plaintiff’s “baggage” only and not to the entire contents of the trunk.

When plaintiff gave to defendant the check she had received from the railroad company for the trunk and in return received from defendant its check for the same, there being no explanation by plaintiff, it was tantamount to a representation that the trunk contained ordinary baggage, and when it subsequently appeared that the trunk contained a great deal more than “baggage” it was a fraud…