Chicago, Rock Island & Pacific R. R. v. Clayton
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. Edwin S. Leland, Judge, presiding. This was an action of assumpsit, by Sarah A. Clayton against the Chicago, Rock Island and Pacific Railroad Company, to recover the value of lost baggage. The opinion of the court states the substance of the material facts.
1Opinion of the CourtChief Justice Scott
The delivery of a baggage check by a railroad company to a passenger is evidence the carrier has received the baggage it represents. Davis v. Michigan Southern and Northern Indiana Railroad Co. 22 Ill. 278. It is but prima fade evidence, however, and may be overcome by proof, as it has been in the case at bar, that the baggage was not, in fact, delivered to the carrier at the time the check was issued.
The only material question in the case we are considering is, whether the baggage of plaintiff subsequently came to the possession of defendant. It is immaterial when the baggage comes to the…
2Cases cited2 opinions
- Davis v. Michigan Southern & Northern Indiana RailroadIllinois Supreme Court · 1859
- Michigan Southern & Northern Indiana Railroad v. MeyresIllinois Supreme Court · 1859
3Cited by4 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TylerIndiana Court of Appeals · 1893
- Chicago, Burlington & Quincy Railroad v. SteearNebraska Supreme Court · 1897
- Graham & Morton Transportation Co. v. YoungAppellate Court of Illinois · 1904
- Hosking v. Southern Pacific Co.Appellate Court of Illinois · 1909