Bacon v. Pullman Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Alabama. Willie C. Bacon, plaintiff in error, brought this action against the Pullman Company, defendant in the court below, claiming $50,000 damages for the loss of certain toilet articles and pieces of jewelry and the hand bag which contained them, the same alleged to have been lost by the negligence of the defendant, or by the theft of its porter, while plaintiff was an occupant of a,…
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In Error to the Circuit Court of the United States for the Northern District of Alabama. Willie C. Bacon, plaintiff in error, brought this action against the Pullman Company, defendant in the court below, claiming $50,000 damages for the loss of certain toilet articles and pieces of jewelry and the hand bag which contained them, the same alleged to have been lost by the negligence of the defendant, or by the theft of its porter, while plaintiff was an occupant of a, stateroom on one of the defendant’s sleeping ears as a passenger between Cincinnati, Ohio1, and Chattanooga, Tenn.; and for…
1Opinion of the Court
MEEK, District judge.
While the assignments of error are numerous, they in effect raise but three points that need be considered. The first is, whether the plaintiff in error is entitled to recover damages for the loss of the jewelry she was carrying with her in the hand bag. According to her own testimony, she was carrying it not with any purpose or intention of using during her journey, but simply to transport it. The jewelry, therefore, cannot be considered baggage within the definition of that term as used in this connection. She had the right to carry with her and retain under her…
2Cases cited28 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Hill v. KimballTexas Supreme Court · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
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3Cited by13 opinions
- United States v. FotopulosCourt of Appeals for the Ninth Circuit · 1950
- Neece v. Richmond Greyhound Lines, Inc.Supreme Court of North Carolina · 1957
- Southern Express Co. v. MaloneAlabama Court of Appeals · 1917
- Wilkinson v. Pullman Co.District Court, S.D. California · 1927
- Brawley Public Safety Employee Association v. City of BrawleyDistrict Court, S.D. California · 2020
8 more not listed; retrieve them via the Exa API.