Kirchoff v. Southern Pac. Co.

HARRIS, District Judge.

The plaintiff, Helen Kirchoff, a passenger on defendant’s train, checked her suitcase with a “Red Cap” porter before boarding the train. The suitcase was lost and the circumstances thereof unexplained. She seeks recovery of the alleged full value of her suitcase and its contents in the amount of $3,170.93, in a complaint described as one for “Cancellation of the Instrument.”

The baggage check contained a printed provision that defendant’s liability for loss should not exceed $50.00 per hand-trank, suitcase or traveling bag and contents. The liability is provided by Civil…