Kansas City, Fort Scott & Memphis Railway Co. v. McGahey
Supreme Court of Arkansas
Appeal from Sharp Circuit Court, Northern District. John B. McCaeeb, Judge. Defendant’s relation to the baggage, at the time it was destroyed, was that of warehouseman, and not that of common carrier, and, without proof that the fire was occasioned by negligence of defendant, plaintiff could not recover. ° Hutchinson, Carriers, secs. 707, 713; 50 Barb. 193; 49 id. 148; 56 id. 191; 3 Daly, 162, 390; 8 Bush (Ky.), 184; 18 S. W. Rep. 850; 4 Mo.
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Appeal from Sharp Circuit Court, Northern District. John B. McCaeeb, Judge. Defendant’s relation to the baggage, at the time it was destroyed, was that of warehouseman, and not that of common carrier, and, without proof that the fire was occasioned by negligence of defendant, plaintiff could not recover. ° Hutchinson, Carriers, secs. 707, 713; 50 Barb. 193; 49 id. 148; 56 id. 191; 3 Daly, 162, 390; 8 Bush (Ky.), 184; 18 S. W. Rep. 850; 4 Mo. App. 582; 17 S. W. Rep. 135; 35 Vt. 695; 2 Civ. Ct. App. Tex. 35; 24 S. W. Rep. 668; 139 Mass. 423; 19 Wis. 40; 53 Ill. 227; 73id. 510; 17 Ill. App. 632;…
1Opinion of the CourtBattle, J.
“Baggage,” as defined by Lord Chief Justice Cockburn in Macrow v. Great Western Railway Co., L. R. 6 Q. B., 612., is “whatever the passenger takes with him for his personal use or convenience, according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or to the ultimate purpose of the journey.” As said by Mr. Justice Field in Hannibal Railroad v. Swift, 12 Wall. 272, the contract of the carrier to carry a passenger, as to baggage, “only implies an undertaking to transport such a limited quantity of articlés as are…
2Cases cited12 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869
- Ouimit v. HenshawSupreme Court of Vermont · 1863
- Sloman v. . Great Western Railway Co.New York Court of Appeals · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Chicago, Rock Island & Pacific Railway Co. v. WhittenSupreme Court of Arkansas · 1909
- Kansas City, M. & O. Ry. Co. v. FugattSupreme Court of Oklahoma · 1915
- Kansas City Southern Railway Co. v. ThomasSupreme Court of Arkansas · 1911
- Louisville N. R. Co. v. HestleSupreme Court of Alabama · 1917
- National Fire Insurance Co. v. Yellow Cab Co., Inc.Supreme Court of Arkansas · 1943
10 more not listed; retrieve them via the Exa API.