Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-03-07
IMPORTANT To COSaOS CARRIERs.
The Amcnnt Of Baggage II Lady Is Enti-
tied 20 Garry.

Ms. J. l.. Long, a few days ago,
brought suit against the steamboat Cen
cral Buell. for the loss Of portion Of her
baggage on a trip from Louisville 10 Gin
cinnati, in September Of last year.
Judge SUOreT instructed the Jury
that when the common carrier
was a ship, be was bound lin the Ian
guage Of an eminent jurist, "tO provide
one stout. staunch and strong, 10 proceed
without deviation. 20 the proper point,
% guard the goods by reasonable care,
and preserve them from storm, }e8kages
and embezzlement.n A common carrier
is bound, according TOT well settled prin-
ciple Of law, 10 transport the property he
receives 70 the place of destination.
ssfely-and Is excused only by the act OF
God, or the enemies of the country.
What Is understood by the act Of God Is
that overpowering force, which man can
not ordinarily resist-or, in other words,
which il Is u Of the power Of human
prudence, human action or human
science TO prevent. In b case of such
o-verpOwering influence, ii was incum-
bent on the owner of the property to
show the carrier might have averted the
accident or avoided the loss. When the
baggage Cf q passenger Is brought on
board, and il received without weighing,
or excepting TO il, and there is nothing
In the appearance of the baggage itself to
indicate anything like a disposition TO
carry merchandise, and not baggage, il
Is incumbent on the carrier, or agent Of
the boat, to suggest what the trunk or
package may contain. Hata ~railrOadde-
pot. s-tags-c0ach, or on board a boat,
where the rule imposes a limit IS to the
weight OF the package, n is received
-a4L--H H-.naHHn- Hham nan#naaH - L.
number Of pounds than they had agreed
10 carry, still they ere responsible, for
they had the means OF testing the mat
Ter.
Il was the duty OF the officers or agents
Of the boat 10 place the baggagein aplace
Of safety. The utmost degree Of safety,
however, was a comparative term, the
utmost safety ~ being a limit difficult TO
reach, and sometimes a boundary very
hard 10 determine. The place OF safety
must be such as the experience, skill,
prUla nee and caution on the part Of those
engaged i'm such navigation, would in
duce hem TO select, having q careful re-
gard to the interests of Others As we'll as
their own. When, however, a carrier
undertakes 70 determine for himself that
one place is just a. safe a. another, he at
once r.u- the risk whether il Is so. II, at
ta -lr the baggage was placed in
charge OF the boat, there vas one place
slrE than another, twas part Of the i'm
piled agreement that the property should
d. deposited there. IF the baggage Of a
party can not be received on a rail ear,
in the baggage room, he ought not to be
received a. a passenger. IF he is, and
the trunk arrives safe, 50 be It; but If.
any accident should beiau by which the
trunk is lost, when those IN the baggage
car are safe, IL was uO answer to say
the baggage car was full. If the uassen-
ger consents that the baggage be placed
in another part OF The train he excuses
those who had the charge thereof from
liability.
As 70 the baggage which a lady might
carry, the jury should inquire whether
ahere was proof showing nat any thing
useless or unnecessary was included in
the catalogue Of this lady's wearing APP
pareL. IN such a case "A jury may con
slider the condition in which q lady
m0ves-whether she was a lady of fash
iOnable tastes-acCustOmed during child
hood 70 being indulged-n brought up
with large eXpectati0ns-has a fund Of
her OWN, 10 furnish her " wardrobe.
Some females, intelligent and refined,
were compelled 70 wear very poor cloth
ing but if others had the means to pur-
chase more expensive articles, they had
the right 70 wear them, anda right to put
them in their trunks when they travel.
In regard to their jewelry, a traveller had
"a right 10 carry such, provided they were
in small parcels, and were such as were
in common Use-not Of a tiara of
jewels OF pearls, worth thousands Of dol
lsrs, and only suitable 10 be used alta cor
oHatiOn, or ONE splendid exhibition Of
female beauty; but all that was appro-
pirate IN the adOrnment Of a woman in
genteel society they might well allow.
The verdict was for the plaintiff-dam-
ages Il SD