CHAPTER XV.

BAGGAGE AGAIN.

Epistolary Model.--Dog lost.--Quitting a Moving Car.--When Liability

for Luggage commences.--Goods of Third Party.--Left in the

Car.--Baggage lost.--English Rule.--Limited Liability.--Personal

Luggage, what it is.--Watch.--Rings.--Pistol.- Railroad Porter.--Hotel

’Bus.--Tools and Pocket Pistols.--Fiddles and Merchandise.--Farewell.

MY DEAR WIFE,--

Your letter announcing your safe arrival at M----, if, indeed, you

can be said to have arrived safely, considering all that befell you,

made me happy this A. M. The tale of your disasters was really quite

amusing, and I have passed some of my lonely hours most agreeably

considering the law on the various points.

So poor Fox is gone; doubtless the mangled remains of that poor cur

lie stark and cold upon the railway line, and crows are gathering in

the leaden skies to assist at his funereal obsequies; or, perchance,

he may be gracing the board at some restaurant in the familiar form

of sausages. You say it appears that he slipped his head through the

noose of the string by which he was tied in the baggage car; if this be

so the baggage man might have seen that he was not securely fastened;

and it was his duty to lock him up, or otherwise keep him safely.[649]

Make out your bill, dearest, we’ll make the company pay. At what figure

do you value him? (I had, however, better add that in a late case

where a dog was fastened in the ordinary way, and there was nothing to

show that he was likely to escape, the carrier was held justified in

trusting to the owner having properly secured the animal.)[650]

Poor Miss Smith ought to have been more careful when she would insist

upon going into the car to bid you a last adieu, even though her young

man was waiting for her. She most certainly should not have attempted

to leave the carriage after it was in motion, and when the conductor

warned her not. Even if the conductor was to blame in negligently

starting the train without the usual premonitory screech, and the

unnecessary jerk assisted in the catastrophe, the company was not

responsible; her conduct was the mere outcome of that perverseness

which is the characteristic trait of the feminine nature.[651]

You never told me that Eliza Jane had taken her trunk to the station

some half dozen hours before the train was to start; it was rather

verdant of her so to do. I presume the desire to have a quiet drive

with her John was the motive. The loss of her finery will teach her a

lesson; however, it will not really matter, as she can recover the

value of her “things,” for the responsibility of the company as common

carriers attaches as soon as their servants receive the baggage of

the traveller at the proper place; and the giving of the check does

not control the time of the responsibility attaching.[652] One is a

passenger, and entitled to sue for damages sustained, the moment he

mounts the bus (run by the company) on his way to the station.[653]

But where an intending passenger, fifteen minutes before the train was

to start, entered a car at the terminus, left his valise on a vacant

seat and went out; and on his return shortly afterwards his baggage

was gone; as he did not show that there was any one in charge of the

train or any other passenger on board, the court would not hold the

company liable.[654] The fact that you took and paid for her ticket

will not prevent E. J. maintaining an action for her loss,[655] for

it makes no difference whether a passenger pays her own fare, or some

one else kindly does it for her.[656] In fact, if one is travelling

on a free pass by which the company stipulates to be excused from all

loss or damage, still they are responsible for the wilful or careless

misconduct of their servants.[657]

But, unfortunately, I fear that you must quietly submit to the loss of

those things of yours which she had in her trunk, for the contract to

carry was with her alone; the company thought that the trunk contained

her luggage; if they had been told that it was not they might have

objected to carry, considering the Saratogas you had, not to speak of

bandboxes, bundles, and parcels; and even if you had had no luggage

yourself, it would have been all the same;[658] and as they were not

Eliza Jane’s I don’t suppose she can sue for them either.

And so that pretty dressing-case which I gave you on that memorable

day when we twain became one flesh, is gone! you say that you put it

under your seat in the car, and that it must have been left there when

the porter carried your traps to the cab at your journey’s end; well,

I cannot say that placing it where you did was a very wise thing,

still as another lady who once did the same in England recovered the

value of her dressing-case (although she failed to recover the case

itself),[659] so doubtless if money will dry your tears for the loss

of that memento of our wedding-day, you will be consoled. Probably

the fact of your name and address not being on it will not affect

your rights in the matter.[660] A railway company is liable for the

loss of a passenger’s luggage though carried in the carriage in

which he himself is travelling.[661] Very special circumstances, and

circumstances leading irresistibly to the conclusion that the traveller

takes such personal control and charge of his luggage as altogether to

give up all hold upon the company, are required before a court will

say that the company as common carriers are not liable in the event

of a loss.[662] Even if luggage is never given to a railroad servant

but kept by the passenger in his own possession, still in the eye of

the law it is considered to be in the custody of the company, so as

to render them responsible for the loss.[663] In England, a railway

company that receives goods or luggage, and books it for a certain

place beyond the terminus of its road (unless it specially stipulates

to be exempt for whatever happens on other lines), is responsible for

any evil that befalls it before its arrival at its journey’s end, even

though it happens while the goods are passing over the rails of another

company;[664] in fact one has no remedy except against the company with

whom the contract is made. But the justice and soundness of the English

decisions have been seriously questioned by the American courts, who

think that the carrier is only liable for the extent of his own route,

and for safe storage, and safe delivery to the next carrier.[665] Many

cases, however, follow the English ones, and others hold that the

responsibility is only _primâ facie_, and may be controlled by general

usage among carriers, whether such usage be known to the traveller

or not.[666] (But this subject is so mixed that I will show you what

Judge Redfield says when you get back again.)[667] Where different

railways--forming a continuous line--run their cars over the whole line

and sell tickets for the whole route, checking baggage through, an

action lies against any company for the loss of baggage.[668]

Of course if there was any notice on your ticket limiting the liability

of the company with regard to your traps, you are bound thereby,

even if you never read it;[669] for railway companies, as well as

other carriers, may limit their responsibility by special contract

of which notice is given to the passenger or owner, and to which he

assents or does not object, subject to such exception, limitation, or

qualification as reason and justice may require and a judge and jury

decide with reference to each particular case.[670]

I don’t exactly know what you had in that dressing-case of yours,

but the rule is, “that whatever a passenger takes with him for his

own personal care and convenience, or even for his instruction and

amusement,[671] according to the habits or wants of the particular

class to which he belongs, either with reference to the immediate

necessities or the ultimate purpose of the journey, must be considered

as personal luggage,” for the loss of which the carrier is liable;[672]

and articles of jewelry, such as a lady usually wears, are considered

personal luggage.[673] So is a watch;[674] though in Tennessee a

watch was not deemed a proper part of necessary baggage.[675] Where

was yours? So are finger rings.[676] In one case a man was allowed

to have two gold chains, two gold rings, a locket and a silver

pencil-case;[677] so I will leave you to calculate how many a lady

should be allowed to carry about with her. Your swell gold spectacles

would also come within the category;[678] and by the way, that linen

which you bought for my new shirt fronts would be included[679] (if you

were good enough to take it with you to make them up, and unfortunate

enough to lose it); and that little present you were taking for your

sister--perhaps.[680] I don’t know what else you had in that case which

will now know its place on our dressing table no more forever. Of

course, your brushes, razors--_pardonnez moi, madame_, I forgot to whom

I was writing--pen and ink, etc., are fairly baggage within the meaning

of the term.[681]

Not content with the abandonment of your dressing-case, you say you

lost a bandbox by stupidly letting a porter carry it for you to a

cab, which you could not afterwards find: well, if it is the custom

on that line for the company’s porters to assist passengers to obtain

cabs, within the station grounds, and place their baggage therein, the

company will be liable for this loss also. This my old friend Butcher

satisfactorily established: he had a carpet-bag with him containing a

large sum of money, and this he wisely kept in his own possession while

journeying up to London. On arriving at the station there, however, he

unwisely--even Jove sometimes nods--let a porter take it from him for

the purpose of securing a cab. The porter put the bag in a fly and then

returned to the platform to get my friend’s other luggage. Meanwhile

cabby disappeared and the bag and all that was therein was lost. The

court considered the company liable, as there had been a delivery of

the bag to them to be carried, and no re-delivery to Butcher.[682]

Where baggage has been lost, the owner may recover all reasonable

expenses incurred in his hunt after it, such as telegraphing, cab-hire,

etc.: but his loss of time is a dead loss.[683]

Your next misfortune was the loss of that new book I gave you,

wherewith to beguile the weariness of the way; you say you left it in

the omnibus that took you up to the hotel; well, omnibus drivers who

take passengers from the stations about the towns are unquestionably

responsible as common carriers.[684] Although in England it has been

held that a cab-driver or hackney-coachman was not;[685] still they

are bound to use an ordinary degree of care. If the hotel proprietor

undertakes to provide free transit to and from the cars, and you lost

your book in his ’bus, he is liable.[686]

Although it deeply pains me to find the slightest fault with my

spouse, still I must say that I think that you have been a little

careless during this trip; in fact you have shown that the character

your mother gave you was not quite a libel, when she said that you

would lose your head were it not securely fastened on, and your tongue

were it not in incessant use.

While I am writing to you in this strain, I may as well give you a

little further information concerning what you may, and what you may

not, carry as personal baggage; though doubtless you will soon forget

all that I say, or if not,--at all events,--will not heed it, such is

the forgetfulness and perverseness of that sex whose love, as Prince

Charles Edward said, “is writ on water, whose faith is traced on sand.”

Besides what I have already mentioned, if you are a sportsman you may

take a gun, if a disciple of the gentle Izaak Walton, the necessary

_instrumenta bella_;[687] if you are a joiner--I don’t mean a

parson--you may take a reasonable amount of tools with your clothes,[2]

although perhaps you can’t;[3] for in Pennsylvania a carpenter was

permitted to carry a reasonable amount of his tools with him,[688]

while in Ontario a brother of the same craft was not;[689] the judge

thinking that a blacksmith might just as reasonably expect to carry

his forge, or a farmer his plough, as part of his baggage. You may

take new clothing and materials for yourself and family, though not

for others;[690] if you are of a nervous disposition and desire to

defend yourself against thieves and robbers, you may take a pocket

pistol,--don’t suppose I mean a brandy flask,--if you are a bellicose

man of honor a couple of duelling pistols will be allowed,[691] or

even a gun,[692] although in Maryland, one was not allowed to take

a colt.[693] A theatre goer may take an opera glass;[694] a student

on his way to college, manuscripts necessary for the prosecution of

his studies;[695] but an artist cannot carry his pencil sketches as

luggage in England;[696] although Cockburn, C. J., thought he could,

and his easel as well.[697] J. Wilson, in a Canadian case, thought that

one musically inclined might take a concertina, or a flute, or that

instrument in the playing of which a western writer says “the resined

hair of the noble horse travels merrily over the intestines of the

agile cat;”[698] but fortunately for mankind in general the majority of

the court held otherwise.

You cannot carry merchandise, either in England,[699] the United

States,[700] or the Dominion of Canada,[701] unless, indeed, it is

carried openly, or so packed that the carrier can see what it is and

does not object to it; nor samples, if you belong to the confraternity

of commercial travellers;[702] nor can a banker take money as

such;[703] nor can one carry silver spoons, nor surgical instruments,

unless he is a disciple of Galen and Hippocrates;[704] nor boxes of

jewelry for sale;[705] nor silver-ware;[706] nor the regalia and jewels

of a society;[707] nor a sewing-machine;[708] and it is beyond a

peradventure that if a carrier accepts a trunk, or baggage, containing

such tabooed articles, without knowledge of such contents, he incurs no

liability.[705] If he is deceived into taking it, he is not bound to

carry it safely.[709]

But really, my dear, I must draw these remarks to a close, as the

parsons say in their sermons. You cannot complain that this letter is

too short. There are several items of news--of babies born, brides

be-wed, bodies buried,--and such like trivialities, of which I might

have told you; but as you spoke about your losses I concluded that I

would send you an instructive note, and let vain trifles rest quiescent

until your return.

Though you may think that this epistle smacks somewhat of business, yet

please reflect that you are my sleeping partner, and spend the greater

portion of the profits of my office, and so ’tis becoming that you

should be slightly acquainted with legal matters, especially as you are

the daughter of my mother-in-law.

Adu! adu! O reservoir!

Your

SPANISH GRANDEE.

FOOTNOTES:

[649] Stuart _v._ Crawley, 2 Stark, 324.

[650] Richardson _v._ Northeastern Rw., L. R., 7 C. P. 75, note.

[651] Lucas _v._ Taunton & New Bedford Rw., 6 Gray, 64.

[652] Camden & Amboy Rw. _v._ Belknap, 21 Wendell, 354; Hickox _v._

Naugatuck Rw., 31 Conn. 281.

[653] Buffet _v._ Troy Rw., 40 N. Y. 168.

[654] Kerr _v._ G. T. R., 24 C. P. (Ont.), 209.

[655] Marshall _v._ York, N., & B. Rw., 11 C. B., 655.

[656] Van Horn _v._ Kermit, 4 E. D. Smith, 453.

[657] Mobile & Ohio Rw. _v._ Hopkins, 41 Ala. 486.

[658] Becher _v._ G. E. Rw., L. R., 5 Q. B. 241.

[659] Richards _v._ London, B., & S. C. Rw., 7 C. B. 839.

[660] Campbell _v._ Caledonian Rw., 14 Ct. of Sess. Cas. 2 Ser. 806; 1

S. M. & P. 742.

[661] Le Conteur _v._ London & S. W. Rw., L. R., 1 Q. B. 54.

[662] Ibid.

[663] Great Northern Rw. _v._ Shepherd, 8 Ex. 30; but see Tower _v._

Utica & Sch. Rw., 7 Hill, N. Y. 47.

[664] Muschamp _v._ Lancaster & Preston Junction Rw., 8 M. & W. 421;

Watson _v._ Ambergate, N. & B. Rw., 15 Jur. 448; Bristol & Ex. Rw. _v._

Collins, 7 House Lords Cas. 194. The same rule applies in Canada, Smith

_v._ G. T. Rw., 35 U. C. Q. B. 547.

[665] Farmers’ & Mechanics’ Bank _v._ Champlain Trans. Co., 16 Vt. 52;

18 Vt. 131; 23 Vt. 186; Van Santvoord _v._ St. John, 6 Hill, N. Y. 158.

[666] Southern Express Co. _v._ Shea, 38 Ga. 519; Cincinnati, etc., Rw.

_v._ Pontius, 19 Ohio (N. S.), 221.

[667] Redfield on Railways, vol. ii., p. 126, _et seq._

[668] Hart _v._ Rensselaer & Saratoga Rw., 4 Seld. 37.

[669] Zunz _v._ South-eastern Rw., L. R., 4 Q. B. 539; but see Kent

_v._ Midland Rw. Co., L. R., 10 Q. B. 1; Henderson _v._ Stevenson, L.

R., 2 S. & D. 470.

[670] Carr _v._ Lancashire & York Rw., 7 Ex. 707; Redfield on Railways,

vol. ii., p. 101. Where the condition on ticket was “that the company

does not hold itself responsible for any delay, detention, or other

loss arising off its lines,” and the baggage was never delivered to any

other company, held that meaning of last words was “out of the custody

of the company.” Kent _v._ Midland Rw., L. R., 10 Q. B. 1.

[671] Hawkins _v._ Hoffman, 6 Hill, 586.

[672] Cockburn, C. J., in Macrow _v._ Great Western Rw., L. R., 6 Q. B.

622; Great Northern Rw. _v._ Shepherd, 8 Ex. 38.

[673] Brooke _v._ Pickwick, 4 Bing. 218; McGill _v._ Rowand, 3 Penn.

St. 451.

[674] Jones _v._ Voorhees, 10 Ohio, 145; Miss. C. Rw. _v._ Kennedy, 41

Miss. 471.

[675] Bomer _v._ Maxwell, 9 Humphrey, 621.

[676] McCormick _v._ Hudson River Rw., 4 E. D. Smith, 181.

[677] Bruty _v._ Grand Trunk Rw., 32 U. C. Q. B. 66.

[678] _Re_ H. M. Wright, Newberry Admiralty, 494.

[679] Duffy _v._ Thompson, 4 E. D. Smith, 178.

[680] Great Western Rw. _v._ Shepherd, 8 Ex. 38; but see Bell _v._

Drew, 4 E. D. Smith, 59.

[681] Hawkins _v._ Hoffman, 6 Hill, N. Y. Rep. 589.

[682] Butcher _v._ London & S. W. Rw., 16 C. B. 13.

[683] Morrison _v._ E. & N. A. Rw., 2 Pugsley’s Rep. No. 3, p. 295.

[684] Peixotti _v._ McLaughlin, 1 Strob. 468.

[685] Brind _v._ Dale, 8 C. & P. 207; Ross _v._ Hill, 2 C. B. 887.

[686] Dickinson _v._ Winchester, 4 Cush. 115.

[687] Macrow _v._ Great Western Rw., L. R., 6 Q. B. 622; Hawkins _v._

Hoffman, 6 Hill, N. Y. Rep. 589.

[688] Porter _v._ Hildebrand, 14 Penn. St. 129.

[689] Bruty _v._ Grand Trunk Rw., 32 U. C. Q. B. 66.

[690] Dexter _v._ S. B. & N. Y. Rw., 42 N. Y. 326.

[691] Woods _v._ Devon, 13 Ill. 746; Bruty _v._ G. T. Rw. 32 U. C. Q.

B. 66.

[692] Davis _v._ Cayuga & S. Rw., 10 How. Prac. 330.

[693] Giles _v._ Fauntleroy, 13 Md. 126.

[694] Toledo & Wabash Rw. _v._ Hammond, 33 Ind. 379.

[695] Hopkins _v._ Westcott, 7 Am. Law Reg. (N. S.), 533.

[696] Mytton _v._ Midland Rw., 4 H. & N. 615; Morritt _v._ N. E. R., L.

R., 1 Q. B. D. 302.

[697] Macrow _v._ Great Western Rw., L. R., 6 Q. B. 622.

[698] Bruty _v._ Grand Trunk Rw., 32 U. C. Q. B. 66.

[699] Great Western Rw. _v._ Shepherd, 8 Ex. 30; Macrow _v._ Great

Western Rw., L. R., 6 Q. B. 616.

[700] Pardee _v._ Drew, 25 Wend. 459; Collins _v._ Boston & Maine Rw.,

10 Cush. 506.

[701] Shaw _v._ Grand Trunk Rw., 7 U. C. C. P. 493.

[702] Cahill _v._ London & N. W. Rw., 13 C. B. (N. S.), 818; Belfast B.

L. & C. Rw. _v._ Keys, 9 House Lords Cas. 556; Hawkins _v._ Hoffman, 6

Hill, 586; Dibble _v._ Brown, 12 Ga. 217.

[703] Phelps _v._ London & N. W. Rw., 19 C. B. (N. S.), 321.

[704] Giles _v._ Fauntleroy, 13 Md. 126.

[705] Richards _v._ Wescott, 2 Bosw. 589.

[706] Bell _v._ Drew, 4 E. D. Smith, 59.

[707] Nevins _v._ Bay State S. B. Co., 4 Bosw. 225.

[708] Bruty _v._ Grand Trunk Rw., 32 U. C. Q. B. 66.

[709] Sleat _v._ Fagg, 5 B. & Al. 342.

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