Legal Opinion

Little Rock & Hot Springs Western Railroad v. Record

Supreme Court of Arkansas

Decided January 28, 1905PublishedCited by 6 opinions

Appeal from Garland Circuit Court. STATEMENT BY THE COURT. This is a suit by Record to recover of appellant for the loss of a valise and its contents, alleged to worth $645.30. Record purchased of appellant, at Hot Springs, Ark., a through coupon ticket from Hot Springs to Durant, Ind. Ter., and paid full price therefor. Appellant checked his baggage through to Durant, and it was lost after appellant had delivered it to a connecting carrier.

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Appeal from Garland Circuit Court. STATEMENT BY THE COURT. This is a suit by Record to recover of appellant for the loss of a valise and its contents, alleged to worth $645.30. Record purchased of appellant, at Hot Springs, Ark., a through coupon ticket from Hot Springs to Durant, Ind. Ter., and paid full price therefor. Appellant checked his baggage through to Durant, and it was lost after appellant had delivered it to a connecting carrier. The valise contained personal apparel and two shotguns. The guns were alleged to be worth-$250. The proof tended to show that appellee was taking the…

1Opinion of the Court

Wood, J.,

(after stating the facts.) 1. This court, in the recent case of Kansas City, F. S. & M. R. Co. v. Washington, ante, p. 9, decided that, in the absence of any express contract to the contrary, the initial carrier is liable to a passenger for the loss of baggage where such carrier sold the passenger a through ticket, and checked his baggage through to the point of destination, although the. loss occurred on the line of some connecting carrier.

2. Was the appellee in this case bound by the condition on the back of the ticket, towit, “that in selling this ticket the Little Rock & Hot…

2Cases cited2 opinions

  1. Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
  2. Kansas City, Pittsburg & Gulp Railroad v. StateSupreme Court of Arkansas · 1898

3Cited by6 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. WhittenSupreme Court of Arkansas · 1909
  2. Kansas City Southern Railway Co. v. SkinnerSupreme Court of Arkansas · 1908
  3. St. Louis Southwestern Railway Co. v. WallaceSupreme Court of Arkansas · 1909
  4. St. Louis, Iron Mountain & Southern Railway Co. v. MillerSupreme Court of Arkansas · 1912
  5. Southwestern Transportation Co. v. PoyeSupreme Court of Arkansas · 1937

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