Davis v. Michigan Southern & Northern Indiana Railroad
Illinois Supreme Court
This was a suit against defendant as common carrier of passengers and baggage, the suit being for baggage of plaintiff, lost by defendant. Plea, general issue ; joinder, and jury waived, and trial had by court.
Read the full summary
This was a suit against defendant as common carrier of passengers and baggage, the suit being for baggage of plaintiff, lost by defendant. Plea, general issue ; joinder, and jury waived, and trial had by court. The plaintiff introduced the railroad checks of defendant, Nos. 2 and 991, and proved that they were the evidence of baggage deposited with the defendant for transportation, and plaintiff was then sworn as witness in the case, and proved contents of trunk and carpet bag—being baggage lost—and the value thereof, amounting in the aggregate to ¡¡>915.25. Which testimony was objected to by…
1Opinion of the CourtBreese, J.
The delivery of a check to a passenger is intended to relieve him from all care and superintendence of his baggage while on its journey, and devolves such care upon the agents of the several roads over which it passes, and must be considered as prima facie evidence of the delivery of the baggage. On the exchange of checks, before reaching Toledo, if the baggage master could not find the trunk and carpet bag, which it seems were connected together and marked with one check, on the Cleveland cars, he should have given immediate notice to the owner from whom he received the check ; not having…
2Cases cited1 opinion
- State v. JohnstonTennessee Supreme Court · 1847
3Cited by17 opinions
- Merrill v. . GrinnellNew York Court of Appeals · 1864
- McKee v. OwenMichigan Supreme Court · 1866
- Ahlbeck v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Burton v. Drake Hotel Co.Appellate Court of Illinois · 1925
- Railway Co. v. BerrySupreme Court of Arkansas · 1895
12 more not listed; retrieve them via the Exa API.