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THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

SCHOOL OF LAW



A TREATISE



ON THE LAW" OF



C^RF^IEKS



BV THE

EDITORIAL STAFF OF THE MICHIE COMPANY

UNDER THE SUPERVISION OF

THOMAS JOHNSON MICHIE



Volume IV



Till', MiCIIIK COMI'ANV, I.WV I't'llllSllKKS

CiiAKi.on'Ksvii.i.i:. \ A.
I '.t I :.



k



T
191^



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COI'YRU'.IIT, 1915
BY

The Michie Company



CHAPTER XXIX.
Passengers' Effects.

I. Duty of Carrier to Transport, §§ 3424-3425.

A. In General, § 3424.

B. Effects in Custody of Passenger. § 342.5.
II. Rules of Carrier, §§ 3426-3428.

A. In General, § 3426.

B. Rules as to Carrying Particular Property into Passenger Cars, § 342';

C. Rule as to Place for Delivery of Baggage, § 3428.
III. What Constitutes Baggage, §§ 3429-3445.

A. In General, § 3429.

B. Effects of Immigrants, § 3430.

C. Property of Others, §§ 3431-3432.

a. In General, § 3431.

b. Property of Members of Family, § 3432.

D. Particular Kinds of Property, §§ 3433-3444.

a. Commercial Travelers' Samples, § 3433.

b. Dogs, § 3434.

c. Household Goods, § 3435.

d. Jewelry for Personal Use, § 3436.

e. Merchandise, § 3437.

f. Money, § 3438.

g. Perishable Property, § 3439.

h. Property to Be Used for Recreation, § 3440.

i. Tools, and Professional Instruments and Documents, § 3441.

j. Watches, § 3442.

k. Wearing Apparel, § 3443.

1. Weapons, § 3444.

E. Questions for Court or Jury, § 3445.

I\'. Extra Baggage and Special Contracts, §§ 3446-3447.

A. In General, § 3446.

B. .Xuthority of Carrier's Agents, § 3447.

V. Delivery to Carrier and Commencement of Liability, §§ 3448-3457.

A. In General, § 3448.

B. Necessity of Delivery, § 3449.

C. Time of Delivery, § 3450.

D. Liability before Purchase of Ticket or Demand for Check, § 3451.

E. Place of Delivery, § 3452.

F. Notice to Carrier, § 3453.

G. What Constitutes Delivery in General, § 3454.
H. To Whom Delivery May Be Made, § 3455.

T. Carrier's Duty to Take Charge of Baggage, § :i45().
J. Goods Awaiting Transportation, § 3457.
VI. Checks and Receipts, and Checking Baggage, §§ 3458-3461.

A. Nature and Functions of Checks and Receipts. § 3458.

B. Duties and Liabilities of Carrier, § 3459.

C. Baggage Company Receiving Railroad Check. § 3460.

D. Surrender of Check, § 3461.



CARRIERS. 3108

VII. Loss or Injury, §§ 3462-3482.

A. Personal Baggage in General, §§ 3462-3473.

a. What Law Governs, § 3462.

b. Liability as Insurer, §§ 3463-3469.

(1) In General, § 3463.

(2) Exceptions and Excuses, §§ 3404-3469.
(a) Act of God, § 3464.

(b; Act of Public Enemy, § 3465.

(c) Act of Civil Authorities, § 3466.

(d) Spontaneous Combustion of Other Baggage, § ?A(j7.

(e) Contributory Negligence of Passenger, § 3468.

(f) Loss by Theft, § 3469.

c. Liability for Negligence, § 3470.

d. Effect of Nonpa3Mnent of Compensation, § 3471.

e. Where Passenger Does Not Accompany Baggage, § 3472.

f. Baggage Not Carried as Incident to Transportation of Passenger, § 3473.

B. Property under Control of Passenger, § 3474.

C. Property Other than Personal Baggage, §§ 3475-3481.

a. Effect of Acceptance with Knowledge of Nature of Property, § 3475.

b. Effect of Acceptance without Knowledge of Nature of Property, § 3476.

c. Duty to Disclose Nature and Value and Effect of Concealment, § 3477.

d. Right and Duty of Carrier to Investigate, § 3478.

e. Sufficiency of Notice to Carrier of Nature of Property, § 3479.

f. Money Intrusted for Safe-Keeping to Carrier or Its Servants, § 3480.

g. Effect of Regulations Known to Passenger, § 3481.

D. Contributory Negligence of Passenger, § 3482.

VIII. Baggage of Ejected Passenger, § 3483.

IX. Transportation and Delivery to Passenger and Termination of Liability,
§§ 3484-3492.

A. When Baggage Must Be Carried, § 3484.

B. Packing and Conveyance, § 3485.

C. Notice of Arrival at Destination, § 3486.

D. Time, Place and Manner of Delivery, § 3487.

E. Delivery to Wrong Person, § 3488.

F. Time for Removal of Baggage by Passenger, § 3489.

G. Duty to Care for Baggage until Reasonable Time for Removal, § 3490.
H. Termination of Liability, § 3491.

I. Carriers' Agents, § 3492.

X. Limitation of Liability, §§ 3493-3496.

A. Power to Limit Liability, § 3493.

B. Manner of Limiting Liability, § 3494.

C. Necessity for Consideration, § 3495.

D. Construction and Operation of Limitation, § 3496.

XI. Charges and Liens, §§ 3497-3498.

A. Charges, § 3497.

B. Liens, § 3498.

XII. Carrier as Warehouseman, §§ 3499-3505.

A. Baggage Awaiting Transportation, § 3499.

B. Baggage Awaiting Delivery to Passenger, §§ 3500-3502.
a. In General, § 3500.

•b. What Constitutes Reasonable Time for Removal of Baggage, § 3501.
c. Special Contract for Storage, § 3502.

C. Baggage Awaiting Delivery to or by Connecting Carrier, § 3503.

D. Duties and Liabilities, §§ 3504-3505.

a. In General, § 3504.

b. Liability Dependent upon Existence of Negligence, § 3505.



3109 passengers' effects. § 3424

XIII. Connecting Carriers, §§ 3506-3514.

A. Liability of Initial Carrier, §§ 3506-3511.

a. In General, § 3506.

b. Sale of Through Ticket or Collection of Fare for Entire Route, §§ 3507-3508.
(1) Holding That Initial Carrier Liable for Losses on Other Lines, § 3507.
(2>Holding That Initial Carrier Not Liable for Losses on Other Lines, § 3508.

c. Power to Limit Liability to Own Line, § 3509.

d. Effect of Release of Connecting Carrier, § 3510.

e. Liability as Warehouseman, § 3511.

B. Liability of Intermediate or Last Carrier, § 3512.

C. Effect of Agreements between Connecting Lines and Joint Liabilitj% § 3513.

D. Presumptions and Burden of Proof, § 3514.

XIV. Palace and Sleeping Car Companies, § 3515.
XV. Actions, §§ 3516-3530.

A. In General, § 3516.

B. Right of Action and Parties, § 3517.

C. Pleading and Proof, §§ 3518-3519.

a. Necessity and Sufficiency of Allegations, § 3518.

b. Evidence Admissible under Pleadings, § 3519.

D. Presumptions and Burden of Proof, §§ 3520-3522.

a. In General, § 3520.

b. Plaintiff's Burden of Proof, § 3521.

c. Defendant's Burden of Proof, § 3522.

E. Witnesses, § 3523.

F. Admissibility of Evidence, § 3524.

G. Weight and Sufficiency of Evidence, § 3525..
H. Questions for Court or Jury, § 3526.

I. Instructions, § 3527.
J. Damages, §§ 3528-3530.

a. Nominal Damages, § 3528.

b. Punitive or Exemplary Damages, § 3529.

c. Compensator}'- Damages, § 3530.

§§ 3424-3425. Duty of Carrier to Transport— § 3424. In General.

— The law raises an implied contract on the part of common carriers of ])assen-
gers to transport and deliver to the passengers their baggage.^ But a carrier is
bound only to carry the personal baggage of passengers ; - what is not baggage is
not within the implied contract.^ In some states, the matter is regulated by stat-
ute."* Of course, in order to fix upon the carrier liability as a carrier for the bag-

1. Duty of carrier to transport bag- etc., Co., 63 O. St. 274, 58 N. E. 813. 19

gage. — Gcor'fiia. — Dibl)le v. Brown, 12 Ga. .A.m. & Eng. R. Cas., N. S.. 574; First

217, 56 .^m. Dec. 460; Rome R. Co. v. Nat. Bank v. Alarietta, etc., Co., 20 O.

Wimberly, 75 Ga. 316, 58 Am. Rep. 46S; St. 259, 5 Am. Rep. 655.

Hutchings & Co. v. Western, etc., R. Co., Oregon. — Wells v. Great Northern R.

25 Ga. 61, 71 Am. Dec. 156. Co.. 59 Ore. 165, 114 Pac. 92, H6 Vac.

Illhiois.—UVmois Cent. R. Co. v. Cope- 1070, 34 L. R. A., N. S., 818.

land, 24 111. 332, 76 Am. Dec. 740. Tennessee. — Bomar 7'. Maxwell, 28

Mai/i^.— Wilson v. Grand Trunk Rail- Tcnn. (9 Humph.) 621, 51 Am. Dec. 682.

way, 56 .Mc. 60, 96 Am. Dec. 435; Wood 2. Duty applies only to personal bag-

V. .Maine Cent. R. Co., 98 Me. 98, 56 All. gage.- Mrt/ r . California, etc., U. Co., s."

457, 99 Am. St. Rep. 339. Cal. 329, :M Pac. 610, 9 L. R. A. 431. 20

New York. — Hasljrouck v. New York, Am. vSt. Rep. 228; Greenwich Ins. Co. v.

etc., R. Co., 9r> N. IC. 80s, 202 N. Y. 363, .Memphis, etc.. Packet Co., 1 N. P. 126,

35 L. R. A., N. S., 537, Ann. Cas. 1912D. 4 O. Dec. 405. Sec post, "What Consti-

1150, affirming 122 N. Y. S. 123, 137 App. lutes Baggatje," §§ 3129-3445.

Div. 532, which aflirms 118 N. Y. S. 735, 3. Missouri, etc., R. Co. v. Meek, 33

64 Misc. Rep. 478; Glasco r. New York 'l\\. Civ. App. 47. 75 S. W. 317.

Cent. R. Co., 36 Barb. 557. 4. Calif nrnui.—Ca\. Civ. Code, §§ 21H1.

0/1/0. — Toledo, etc., R. Co. v. Bowler, 2183, defines luggage as articles intended



§§ 3424-3426



CARRIERS.



3110



gage, the owner must stand in relation of passenger to the carrier, the carriage
of the baggage being incidental to the carriage of the owner as a passenger.^ So
where a carrier received luggage under the mistaken supposition that it belonged
to passengers who had bought tickets over its road, and that the transportation
of the luggage was consequently paid for, and without intending to make any
charge for the transportation, and the owners of the luggage erroneously stip-
posed that in purchasing tickets to the destination of the baggage, over another
road, they had paid for the transportation by the carrier to which they delivered
the baggage, there was no im]:)lied contract for the transportation of the baggage.^

Custom to Carry Passengers Only. — Where a transfer company, for a
given fare charged and paid, undertakes to transport a passenger and his bag-
gage, it is immaterial whether it vvas the general custom of the company simply
to carry passengers, and not to hold itself out as otTering to carry baggage with-
out further compensation.'

Discrimination. — In the exercise of its duty to transport the baggage of pas-
sengers, the carrier must not discriminate against any passenger in the time or
manner of the receipt or discharge of the baggage, or otherwise. '^

§ 3425. Effects in Custody of Passenger. — It is the common-law right of
a passenger to take with him into a passenger car his personal baggage appro-
priate to the journey and its object.'^ But a carrier may make reasonable rules as
to what may be carried into its passenger cars.^" A person entitled by the terms of
his ticket to "personal passage" on a railroad car has not the right to carry with
him packages of groceries for the use of his family. ^^ A railroad company which
did not hold itself out as a carrier of such goods is not obliged to afford to a
passenger the privilege of carrying quantities of money, he retaining its custody
in the baggage car, the use of which the railroad company had leased to an ex-
press company for the purpose of carrying such articles. ^-

§§ 3426-3428. Rules of Carrier— § 3426. In General.— A carrier
may make and enforce all reasonable rules relating to the transportation and



for the use of a passenger while travel-
ing, and requires a railroad company to
check and carry the same free of charge
in a regular baggage car. Pfister t. Cen-
tral Pac. R. Co., 70 Cal. 1G9, 11 Pac. 68G.
59- Am. Dec. 404.

lozva. — Code, § 2077, requires the car-
rier to carrj'^ the ordinary baggage of a
passenger. McElroy v. Iowa Cent. R.
Co.. 133 Iowa 544, 110 N. W. 915. 2?, R.
R. R. 466, 46 Am. & Eng. R. Cas., N. S.,
466.

Oklahoma. — Wilson's Rev. & Ann. St.
1903, §§ 708, 709, requires a carrier to
carry a reasonable amount of luggage
for each passenger, consisting of articles
intended for the use of the passenger
while traveling, or for his personal equip-
ment. Choctaw, etc., R. Co. v. Zwirtz,
73 Pac. 941, 13 Okla. 411, 8 R. R. R. 914,
31 Am. & Eng. R. Cas., N. S., 914.

5. Relation of passenger must exist. —
Southern R. Co. v. Rosenheim & Sons, 1
Ga. Anp. 766. 58 vS. E. 81.

6. Beers v. Boston, etc., R. Co., 67
Conn. 4] 7, 34 Atl. 541, 32 L. R. .\. 535,
52 Am. St. Rep. 293.

7. Custom to carry passengers only.^
City Transfer Co. t'. Draper, 115 Ga. 954,
42 S. E. 221.



8. Discrimination. — Kates v. Atlanta,
etc., Cab Co., 107 Ga. 636, 34 S. E. 372.

9. Effects in custody of passenger. —
Runyan v. Central R. Co., 41 Atl. 367,
61 X. J. L. 537, 42 L. R. A. 284, 68 Am.
St. Rep. 711.

Provision in ticket not affecting right.
— Upon a ticket delivered to a passenger
was printed "Free transpc;rtation allowed
for 150 lbs. baggage (wearing apparel)
onljr, and company's liability expressly
limited to $1 per lb." Held, that the ref-
erence to baggage was notice inerely of
the limit of accommodations and respon-
sibility as to baggage in the carrier's
custody and did not restrict or affect
the common-law right of the passenger
to carry personal baggage with him,
Runyan v. Central R. Co., 41 Atl. 367, 61
N. J. L. 537, 43 L. R. A. 284, 68 Am. St.
Rep. 711.

10. See post, "Rules as to Carrying
Particular Property into Passenger Cars,"
§ 3427.

11. Bullock V. Delaware, etc., R. Co.,
60 N. J. L. 24, 36 Atl. 773, 37 L. R. A.
417.

12. Passenger carrying money in leased
baggage car. — Pfister v. Central Pac. R.
Co.. 70 Cal. 169, 11 Pac. 686, 59 Am. Dec.
404.



3111



PASSENGERS EFFECTS.



§ 3426



care of the baggage of its passengers. ^^ A rule that baggage shall not be
checked until a ticket has been procured is reasonable ; !■* and so is a rule that
a person intending to become a passenger shall purchase a ticket or pay fare
before the carrier becomes responsible for his baggage. ^^ But a rule that a bag-
gage master shall not receive, into the baggage room, baggage until a ticket has
been procured, is unreasonable and void.^" It is a reasonable rule that a railroad
company will only carry as baggage the passenger's wearing apparel, and upon
refusal of the passenger to certify that his trunk contains nothing except wear-
ing apparel, he is not entitled to damage for the company's refusal to carry such
trunk. ^"

Notice of Rules. — A rule of a carrier relating to the transportation of bag-
gage is not binding upon a passenger unless he is chargeable with notice of its
existence. ^'^ So where a railroad baggageman has general authority to receive
the baggage of persons to go upon his company's trains, and does receive such
baggage in violation of the rules and regulations of the company, the latter will
be liable for the loss of such baggage to the owner who has delivered it in good
faith within a reasonable time before the departure of the train, unless the exist-
ence of such rules or regulations was brought to the knowledge of the owner of
the baggage.^" And a railroad company can not escape liability for baggage lost,
on the ground that the baggageman had no authority to check the baggage, by
setting up a rule of the company prohibiting the baggageman from checking
baggage of the class lost without a release of liability therefor, where the trav-
eler had no knowledge of such rule.-" It has been held, however, that a person



13. Right to make reasonable rules. —

Xorfolk, etc., R. Co. v. Irvine, 8-i Ya. 553,
5 S. E. 532; Gleason ?'. Goodrich Transp.
Co., 32 Wis. 85. U Am. Rep. 716.

14. Checking baggage. — Coffee v. Louis-
ville, etc., R. Co., 25 So. 157, 7G Miss. 569,
45 L. R. A. 112, 71 Am. St. Rep. 535.

15. T.ake Shore, etc., R. Co. v. I'^oster,
104 Ind. 29:i, 4 N. E. 20, 54 Am. Rep. 319.

16. Reception into baggage room. —
Coffee V. Louisville, etc., R. Co., 25 So.
157, 76 Miss. 569, 45 L. R. A. J 12, 71 .\m.
St. Rep. 535.

17. As to what will be carried as bag-
gage. — Norfolk, etc., R. Co. v. Irvine, 84
Va. 553, 5 S. E. 532; S. C, 85 Va. 217, 7
S. E. 233, 1 L. R. A., 110.

Plaintiff was in the habit of carrying
merchandise in his trunk as personal
ba.c(gage, contrary to the regulations of
defendant railroad. On presenting bag-
gage to be checked he refused to sign
an affidavit as to its contents, and the
railroad refused to accept it. It was
shown that he was engaged in an unjust
effort to make money out of the railroad
by unlawful means. The baggage which
he presented to the company contained
wearing apjiarcl only. Held that, wluthcr
or not the regulation requiring the nrik-
ing of an affidavit as to the contents of
baggage was a reasonable regulation,
plaintiff was not in a position to take
advantage of its unreasonableness. Xor-
folk. etc., R. Co. z: Irvine, H5 Va. 217. 7
wS. E. 233. I L. R. A. 110.

18. Necessity for notice of rules. —
Cantling ?■. Hannibal, elc, R. Co., 5 1
Mo. 3«5, 14 Am. Kep. 476; Runyan 7>.
Central R. Co., 65 N. .[. 1.. 228. 47 Atl.
422.



Illustrations. — A railroad passenger,
without special notice of the company's
regulation that "live animals are allowed
as baggage men's perquisites," committed
a dog to the baggage master, and paid
him for its transportation. Held, that
the company was liable for the loss of
the dog by the baggage man's delivering
it up to the wrong person. Cantling v.
Hannibal, etc., R. Co., 54 Mo. 385, 14
Am. Rep. 476.

Plaintiff was a passenger for E. in a
second-class car, with his dog. The con-
ductor told him, under the company's
rules, dogs must go in the baggage car.
Plaintiff delivered the dog to the bag-
gage master, and told him to put it off
at E., and that he would not pay him
any nioiuy for the dog. (j)n arriving at
E.. the baggage master refused to deliver
the dog without the payment of 25 cents,
which plaintiff refused to give, and the
dog was carried further on, and lost by
the negligence of tlie baggage master.
I'laintiff afterwards, and liefore learning
of the loss of the dog, offered to pay
what was due on it. Held, that plaintiff
could recover for the dog from the com-
pany, though It had a ride providing only
for the payment of a fee to the baggage
mastiT. and ridiexing itself of all liabil-
ity; plaiiUill not lii'ing inlonnrd of the
rnli', and ha\ing no know It d-c of it.
I\ans;is e'ily, etc., K. (."•!. r. iiigdoii, '.)4
.\la. 2S(;, HI So. 2S:.', 11 !,. k. A. .'.i:., ;;3

;\m. St. Rep. 119.

19. I.;ike Shore, etc., R. (."o. r. hdsler,
10 1 Ind. 293. 4 N. K,. 20, 5 1 Am. Kep. :il9.

20. I'rimble f. Xew Yorls, clc, U. Co.,
56 X. Iv 5;;2, 162 X. Y. S4, 4H L. R. A.
115, affirming 57 X. V. S. 437, 39 App.
Div. lo:;.



§§ 3426-3427 carriers. 3112

who, by the exercise of ordinary care, could have known that the checking of
jewelry sample cases by station agents was prohibited by a rule of the company,
can not recover the value of such a case if lost.^^

Waiver of Rule. — Where defendant railroad's baggage man knowingly re-
ceived a jeweler's sample cases for transportation as ordinary baggage, contrary
to a rule of the company, of which the owner had knowledge, there was no
waiver of objections to receiving such merchandise as baggage by defendant's re-
fusal to refund a sum paid thereon for excess baggage. ^2

§ 3427. Rules as to Carrying Particular Property into Passenger
Cars. — Validity of Rules. — A rule of a railroad company forbidding the carry-
mg of cumbersome and bulky, or dangerous articles, into its passenger coaches
by passengers is reasonable as a matter of law.^^ And regulations prohibiting
passengers from taking dogs with them in passenger cars, and requiring payment
for carrying dogs in baggage cars, are reasonable. ^^

Notice of Rule. — A rule of a railroad company that it would not permit pas-
sengers to carry on an express business did not charge plaintiff with notice of
the fact that he would not be permitted to carry his own personal eft"ects into a
passenger car on which he had purchased transportation.-^

Effect of Custom or Usage. — If a common carrier of passengers for a long
time acquiesces in and makes accommodation for the carriage of small packages
of merchandise in its passenger cars as personal baggage, so as to lead passen-
gers to accept and rely upon its attitude in that respect as one of its regulations,
it can resume its rights under the law only after reasonable notice of its rescis-
sion of the regulation.-*^ But when passengers have carried with them small
packages of merchandise, in derogation of the common-law contract of carriage,
the usage or practice to do so, in order that the passengers may rely upon it as
a regulation of the railroad company that such packages can be so carried, must
be so general, certain, uniform, and notorious, and it must be so clearly proved,
that it can be concluded that the officers and agents of such company possessed
knowledge of such usage, and acquiesced therein, in such manner that it be-
came a part of the contract of carriage.-" Such usage must be distinguished

21. Duty to investigate. — Weber Co. v. ber, large packages, bicycles, * * *
Chicago, etc., R. Co., 92 Iowa 364, 60 N. or other articles of a bulky nature, that
W. 637. may interfere with the accommodation

22. Waiver of rule — Refusal to refund of passengers," will be allowed on cars,
sum paid for excess baggage. — Weber Co. excludes all dogs; and the qualifications
V. Chicago, etc., R. Co., 113 Towa 188, forbidding things interfering with the ac-
84 N. W^. 1042, 20 Am. & Eng. R. Cas., commodation of passengers relates only
N. S.. 466. to articles carried by them, and not to

23. Validity of rules as to carrying par- dogs.

ticular property into passenger cars. — Under the Massachusetts statute. — (St.
Dowd z\ Albany Railway, 62 N. Y. S. 1906, c. 463, p. 2, § 181), such regulation
179, 47 App. Div. 202; Ray V. United is reasonable. Hull v. Boston, etc.. Rail-
Tract. Co., 89 N. Y. S. 49, 96 App. Div. road. 2]0 Mass. 159, 96 N. E- 58, 36 L. R.
48; Daniel v. North Jersey St. R. Co., 64 A.. N. S., 406, Ann. Cas. 1912C, 1147.
X. J. L. 603, 46 Atl. 625; Vlasservitch v. Whether dogs may constitute baggage.
Augusta, etc., R. Co., 85 S. C. 291, 67 S. —See post, "Dogs." § 3434.
E. 306, 35 R. R. R. 721, 58 Am. & Eng. 25. What is not notice of rule.— Run-
R. Cas.. N. S., 721. yan z'. Central R. Co., 47 Atl. 422. 65 N.

A rule of a street railway forbidding T. L. 22S.
passengers to take into the cars barrels, 26. Effect of custom or usage. — Run-
boxes, trvmks, gas pipe, lumber, and yan v. Central R. Co., 41 Atl. 367, 61 N.
panes of glass, is reasonable as matter of J. L. 5:'.7, 43 L. R. A. 284, 6S Am. St. Rep.
law. Dowd V. Albany Railway, 62 N. Y. 711.
S. 179. 47 App. Div. 202. 27. Usage must be general, uniform,

24. Carriage of dogs. — Gregory v. Chi- etc. — Runyan r. Central R. Co., 44 Atl.
cago. etc., R. Co., 100 Iowa 345, GO N. W. 985, 64 X. J. L. 67, 48 L. R. A. 744.

532. See O'Gorman v. New York, etc., R. A habit of one particular passenger to

Co., 89 N. Y. S. 589, 96 App. Div. 594, carry packages of merchandise into the

holding that a rule of an electric railway passenger cars, and with him on his

company providing that "no dogs, lum- journey, will not constitute a usage or



3113



passe;ngers effects.



§§ 3427-3429



from mere acts of accommodation ; and the mere fact that such acts of accom-
modation have been constantly done, not in obedience to duty or contract, but as
a matter of form and indulgence, cannot compel their continuance.-^

Enforcement of Rule. — W'here a passenger, having a ticket entitling him only
to "personal passage," has entered the car with packages, of groceries for family
use, the officers of the railroad company cannot lawfully take such packages from
him by force; the remedy of the company upon his refusal to remove the pack-
ages being to remove both the passenger and the packages, using no unnecessary
force.29

§ 3428. Rule as to Place for Delivery of Baggage. — A rule made by a
railway company to sell tickets and deliver baggage at only one of its five sta-
tions in a city, which is less convenient for such passengers as desire to transfer
baggage to another road, and to carry all baggage on to the main station, though
the trains regularly stop at the other stations to allow passengers to alight from
or get on them, is, as a matter of law, unreasonable and void.^^

§§ 3429-3445. What Constitutes Baggage— § 3429. In General.— As

to the general definition of the term "baggage," or "luggage," ^^ the authorities
differ but little, though in the application of the definition to the facts of particu-
lar cases the results reached are varied and discordant.^- It may be stated as a
general rule that a passenger's baggage may only include such articles as are rea-
sonably necessary for the use, comfort and convenience of the passenger, and
such as are usually carried by passengers of his class under similar circum-



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