Legal Opinion

Kinsley v. Lake Shore & Michigan Southern Railroad

Massachusetts Supreme Judicial Court

Decided July 18, 1878PublishedCited by 20 opinions

Contract, with a count in tort, against a common carrier, for the loss of a hand-bag and its contents. Trial in the Superior Court, without a jury, before Allen, J., who allowed a bill of exceptions in substance as follows : The plaintiff was a passenger on the defendant’s railroad from Cleveland, Ohio, westward, having purchased in Boston coupon tickets, over that and other roads, from Boston to San Francisco.

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Contract, with a count in tort, against a common carrier, for the loss of a hand-bag and its contents. Trial in the Superior Court, without a jury, before Allen, J., who allowed a bill of exceptions in substance as follows : The plaintiff was a passenger on the defendant’s railroad from Cleveland, Ohio, westward, having purchased in Boston coupon tickets, over that and other roads, from Boston to San Francisco. At Cleveland, the plaintiff also purchased a ticket which gave him a right to ride in the car China, one of two sleeping-cars which formed part of the regular train on the defendant’s…

1Opinion of the CourtGray, C. J.

Although a railroad corporation is not responsible as a common carrier for an article of personal baggage kept by a passenger exclusively within his own control, it is liable for the loss of such an article by the negligence of the corporation or its agents or servants, and without fault of the passenger. Clark v. Burns, 118 Mass. 275. Bergheim v. Great Eastern Railway, 3 C. P. D. 221.

In the present case, we need not consider whether the evidence introduced at the trial would justify the inference that the defendant had assumed the custody and control of the plaintiff’s bag as a common…

2Cases cited1 opinion

  1. Clark v. BurnsMassachusetts Supreme Judicial Court · 1875

3Cited by20 opinions

  1. Frank Martz Coach Co. v. Hudson Bus Transportation Co.Supreme Court of New Jersey · 1945
  2. Louisville & Nashville R. R. v. ChurchSupreme Court of Alabama · 1908
  3. Clott v. GREYHOUND LINES, INCORPORATEDSupreme Court of North Carolina · 1971
  4. Whicher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
  5. Atlantic Coast Line Railroad v. BarksdaleCourt of Appeals of Georgia · 1924

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