The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-28
Marine Court.
Before Hon. Judge 1'hOmDsDi

BEFORE hon. Judge thompson.
IMPORTANT TO HOTEL KEEPERS AND TRAVELLERS.
APRIL 2I.-Conkiia rs. WHhins.-The plaintiff in this
case sues as assignee OF Joseph W. Lccro for the value
of trunk and its contents alleged to have been lost by
the defendant hack driver II appears that Lecroft
reached New York by the way of the Hudson River Rail
road late in the evening Of the 18th February. On his
arrival at the depot in Chambers street he gave
baggage checks to driver Of the defendants hack and
requested him to take his baggage together with him
self and wife, 10 the Metropolitan Hotel The driver took
charge Of the baggage, but upon arriving at the hotel it
discovered that a trunk containing the following
articles was missng;-Four $50 gold pieces; two bank
of So gold seal valued at S15 prayer book and Bible
81; opera glass, So two dress coats s52 two pair
Of pants, 500 two black cashmere vests 3d. black
velvet vest So frcck coat white and black vest and
pants s26 dozen shirts $55; pocket haadkcrchies Sl2
neckes S4 dressing gown, SIS silk shirts SIT; socks
S. shaving utensils and box $40; medicine box 81 and
the trunk itself $lS amounting in the aggregate to the
about $3.50 The Messrs Leland Of he Metropo.
Titan and the defendant had made several endeavors
compromise the matter with Mr.. Lccroft but without
success.
publicly engaged in the conveyance of passengers
liable for the loss of baggage belonging TO passenger
carrier is amenab to the same rule that governs the
duties, obligations and liabilities Of carriers
generally The only question FIR to consider in this
case is whether the articles above enumerated wha
portion Of Them If not ALL egitimatey be included
in the term baggage as used in connection with travel
ling in public conveyances The gold snuff box and the
opera glass should undoubtedly be excluded from the
list 1t was contended on the trial by counsel for de-
PENDANT that the four twenty dollar gold pieces the
prayer book Bible gold seal and medicine chest should
also be excluded, and that the carrier could in event
be liable for the value of these items. To determine
sidered baggage within the G import of the term has
not been attempted by any aAdication that has fallen
under my observation Indeed it would be quite mpos
sible to accomplish any such task The terms baggage
and luggage too comprehensive in their import to
der it possible to assign them position and unvarying
Specification There seems to be perplexity in
bracng within the meaning of these terms such articles
as wearing apparel brushes razors writing apparatus
and the like but whether even reasonable amount OF
NOM zhould ho
regarded as SUCH is a mooted question. In the
of the Orange County Bank VS.. Brown and Others 20
Wend $50 it may be inferred from mere dictum of
Judge Nelson, that that eminent and learned jurist
was of the opinion g that money carried by passen
s aor rsveng eT may be Rd
man, Hill. $685. the very able and eminently
learned Judge Bronson the following language
"a contract to carry the ordinary luggage of the pas
senger is implied from the usual course of business and
the price paid for fare is considered including
pensation for carrying the freight Bat this implied
gage, such things traveller usually carries with
him for his personal convenience in the journey: 1t
cites the lease above referred to in Wend and then
proceeds to say 1t suggested in the first that
that be- doubted P'' Mn
carry money pay travelling expenses about their per
and not in their trunks and boxes and contract
can be implied beyond such things as are usually carried
baggage" 1t is true, in neither Of the cited
was the question of the liability Of the carrier for the
loss Of money directly before the Court and in the alb
of any authority settling the point am Of the
opinion for the advanced by Judge Bronson that
money should not be regarded as portion Of passen
gers baggage. Finally should the Bible, prayer book
gold seal FUSED as letter stamp and medicine chest
be included under the term baggges 1t ntimated in
the opinion contained in Fill, that books for the in
struction amusement Of the passenger his way
his gun fishing tacklewould undoubtedly fall within
the term baggage because they are usually carried
such. His Bible and prayer book accompanied him
sacred and cherished companons-ever imparng their
lessons Of truth and virtue he journeyed his way
The gold seal portion OF his writing apparatus
The medicine chest provided for the time of sickness
and must be considered luggage Taking this view of
the under advsemen the defendant must respond
to the plaintiff for the full value Of the articles which
have here regarded legtimatey included within the
and fonr dollars Judgment accordingly with costs.