Illinois Central Ry. Co. v. Matthews
Court of Appeals of Kentucky
109 — -Action■ by W. E. Matthews against Illinois-. Centbal Ry. Co. to Recovee Damages foe Baggage Injured. — tFeb.,25. APPEAL FROM HICKMAN CIRCUIT COURT, Judgment foe Plaintiff and Defendant Appeals.
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109 — -Action■ by W. E. Matthews against Illinois-. Centbal Ry. Co. to Recovee Damages foe Baggage Injured. — tFeb.,25. APPEAL FROM HICKMAN CIRCUIT COURT, Judgment foe Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. Irrespective of the instructions, -plaintiff’s case is refuted by admissions in his reply, .and by his own testimony that he shipped the merchandise of other persons as his personal baggage. 2. A passenger can not carry other persons’ property as baggage. Dunlap v. I. S. Co., 98 Mass., 371; Miss. Cen. R. Co. v. 'Kennedy, 41 Miss., 671; Pettigrew v. Barnum, 11 Md., 449;…
1Opinion of the Court
Opinion of the couet by
JUDGE O’REAR
— Reversing,
Appellee was a traveling salesman or drummer for certain wholesale dealers in dental instruments. He. bought a ticket and took passage on one of appellant’s trains, and had his trunk checked for transmission by that train to his point of destination. The trunk was'heavier than was allowed as free baggage to one passenger, and appellee was required and did pay 60 cents extra as overweight charges. Jbe trunk contained about $1,700 worth of dental goods — • steel instruments, presumably. These goods were used not only as samples by which other goods…
2Cases cited8 opinions
- Humphreys v. PerrySupreme Court of the United States · 1893
- Michigan Central Railroad v. CarrowIllinois Supreme Court · 1874
- Sloman v. . Great Western Railway Co.New York Court of Appeals · 1876
- Oakes v. N. P. R. R.Oregon Supreme Court · 1891
- Brown v. Camden & Atlantic RailroadSupreme Court of Pennsylvania · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kansas City, M. & O. Ry. Co. v. FugattSupreme Court of Oklahoma · 1915
- Mitchell Coal Company, Incorporated v. United Mine Workers of AmericaCourt of Appeals for the Sixth Circuit · 1963
- Taylor v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1928
- Chesapeake & Ohio Ry. Co. v. HallCourt of Appeals of Kentucky · 1910
- Landesman Hirshheimer Co. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1918
2 more not listed; retrieve them via the Exa API.