Toledo, Wabash, & Western Railway Co. v. Hammond

Hammond sued the railway company as a common carrier, for a trunk and the contents thereof, shipped at Toledo, Ohio, for Peru, Indiana. There was filed with the complaint a bill of particulars of the contents of the trunk. The defendant moved to strike out certain specified items therein for the alleged reason that they were not proper articles of baggage. The court overruled the motion; and this is complained of as erroneous. It is. enough to say, that there is no allegation in the complaint that the trunk and its contents were delivered to the appellant as- baggage.

The nest point made is,…