Burnes v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. O. A. Mos-man, Judge. (1) Under the evidence in this case, the company was liable as an insurer of the baggage belonging to Mr. and Mrs. Burnes. The baggage was not in the sole possession and control of the owners, and under these facts the company is liable. Railroad v. Lillie (Tenn.), 78 S. W. 1055; 4 Elliott on Railroads, sec. 654. (2) Essex Allen was agent of the defendant company, although paid by tips.
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Appeal from Buchanan Circuit Court. — Hon. O. A. Mos-man, Judge. (1) Under the evidence in this case, the company was liable as an insurer of the baggage belonging to Mr. and Mrs. Burnes. The baggage was not in the sole possession and control of the owners, and under these facts the company is liable. Railroad v. Lillie (Tenn.), 78 S. W. 1055; 4 Elliott on Railroads, sec. 654. (2) Essex Allen was agent of the defendant company, although paid by tips. Perkins v. Wright, 37 Ind. 27. (3) It was the duty of respondent company, under the law, to carry appellant’s baggage. Hirschsohn v. Packet Co.,…
1Opinion of the CourtBroaddus, P. J.
This is a suit by a passenger against a carrier for the value of his baggage which was lost en route.
Prior to the 1st day of January, 1908, certain persons of St. Joseph, members of an organization known as the “Nobles of the Mystic Shrine,” contemplated going on an excursion to the City of Mexico. A. P. Clayton, an officer of the organization, appointed himself and another member named Wetteroth, as a committee to select the route of travel and as such committee selected that over the defendant’s line of- railroad. The defendant was to furnish a special train, for the purpose of conveying…
2Cited by1 opinion
- Burnes v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1912