Kansas City Southern Railway Co. v. Skinner
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James S. Steel, Judge; 1. “Baggage” does not include everything a traveler puts in his trunk. 65 Ark. 365. Ror “baggage,” see also 106 Mass. 146; 74 Ark. 125; L. R. 6 Q. B. 612; 12 Wall. 274. Such articles only as are ordinarily taken by travelers for their personal use and, convenience. 12 Wall. 274. What is baggage is for the jury under proper instructions. 30 N. Y. 594; 14 Am. Rep. 356; 35 Vt. 605; 74 Ark. 125; 122 Ill.
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Appeal from Sevier Circuit Court; James S. Steel, Judge; 1. “Baggage” does not include everything a traveler puts in his trunk. 65 Ark. 365. Ror “baggage,” see also 106 Mass. 146; 74 Ark. 125; L. R. 6 Q. B. 612; 12 Wall. 274. Such articles only as are ordinarily taken by travelers for their personal use and, convenience. 12 Wall. 274. What is baggage is for the jury under proper instructions. 30 N. Y. 594; 14 Am. Rep. 356; 35 Vt. 605; 74 Ark. 125; 122 Ill. App. 359. 2. The instructions asked should have been given. 60 Ark. 4341 74 Id. 125; 63 Id. 363.
1Opinion of the CourtMcCulloch, J.
This is an action instituted by appellee to recover of appellant the value of his lost baggage vhic'h was checked over appellant’s railroad for him as a passenger from Texarkana to De Queen, the undisputed proof showing that it was destroyed by fire while in appellant’s custody after it arrived at the last-named place within forty-eight hours after arrival, which,- under the statute, rendered the company responsible for it as common carrier. Kirby’s Digest, § 6617.
The case was submitted upon the ’testimony of appeilee alone — no other testimony being introduced except the baggage check issued…
2Cases cited4 opinions
- Dexter v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1870
- Little Rock & Hot Springs Western Railroad v. RecordSupreme Court of Arkansas · 1905
- Withey v. Pere Marquette RailroadMichigan Supreme Court · 1905
- St. Louis Southwestern Railway Co. v. JohnsonSupreme Court of Arkansas · 1907
3Cited by8 opinions
- Jones v. SeymourSupreme Court of Arkansas · 1910
- Hamilton v. Baggage & Omnibus Transfer Co.Oregon Supreme Court · 1920
- Missouri Pacific Transportation Co. v. WilliamsSupreme Court of Arkansas · 1944
- St. Louis, Iron Mountain & Southern Railway Co. v. MillerSupreme Court of Arkansas · 1912
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922
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