New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-03-13

services OF the carrier can have no doubt therefore,
carrier Incurred no responsibility which his notice prop
erly construed, excluded. But here moro difficult
trunk and the each article thereof are agreed
to- and they amount in the aggregate 10 s7ll TO- 1t
Gontended on the argument that the notice limited the
liability Of the carrier TO $780, unless greater value was
disclosed and That as no greater value was disclosed
judgment should be rendered for that only, But
50 far from giving this notice liberal construction in
favor OF tic Carrier am inclined 10 c0nstrue II strictly
against nm Inc rule which holds carriers to strict re-
spoDsby founded upon high considerations Of public
policy and the security OF the property Of travellers Every
each In clear and unequiyOcgl terms. Notices OF
this character should therefore, be construed strictly
against Inc carrier They are given TO travellers OF all
ages ana secs III the hustle Of rapid transit from one
they should be free from all doubt or ambiguity so that
their contents should be clearly apprehended at glance
Now some portions OF the defendants notice In this
are clear and explicit IL declares that they will not be
liable for merchandise jewelry contained in baggage
received upon baggage checks. No matter what their
value they 90 not choose to engage IN the transportation
OF such articles as baggage They further give notice
there Is no question Of gross wilfu neglect or reck
lessness mafeasance, msfeasance these resric-
owner at he time Of the engagement, without doubt
are binding upon him. But after designating mer-
losses by fire. the notice adds: Nor for an amount ex
ceedng hundred dollars upon any article ualess spe
extra risk pad theTeon The question arises whether
the term ANY article hero refers to trunk or piece Of
baggage and its entire contents I'm gross or whether IL IS
10 be confined to each separate article contained there
In other words does !, limit the liability OF the carrier Io5
liable for each article contained in the trunk according
TO its value not exceeding hundred dollars Tor any
single itemi The terms merchandise" ana 'Jeweuy
refer expressly TO articles contained In baggage re-
celyed upon baggage checkthat s TO me contents od
articles specified When limiting the liability to one
RR It sSSud be p s G to refer to the
contents Of the trunks packages, and not TO the
mony with the policy Of the law, and essential to the
protection of the community In view Of the constant de-
vices Of carriers to escape the responsibilities OF their
calling while their eagerncs to obtain the patronage OF
the public remains undated. Now can well conceive
that they are unwilling TO take the risk OF carrying ex
pensve articles of dress such costly furs saws and
other valuable paraphernaia OF an exrayagant modern
hundreds Of dollars without notice Of value and pay Tor
the risk But II may well be doubted whether they IN
tend by such notices as me one uhuer
apprse the that they decline all responsibility pc
contract IS made good Trunk Is worth Hill Una. sun,
and often and the value OF an ordinary traveller
snm Bu whatever DO the intentions OF carriers. they
be expressed TO leave no room for doubt as 10
Qualify their liability as fixed by the general
ines Of law, applicable to their ealing ,roo As
rs. Pickwick, q Bing, 2ls9 II coach pro
prieors wish honestly TO limit Their respoh,1.l9Iii,y
who applies to their office and at tho same time 10 place
IN ms hands printed pate5 spetRg he % tsey make
oral communication, but merely thrust INTO the hand
that contains should he explicit and leave nothing 70 be
made out by construction Where there Is any donDt ne
TO its meaning should he construed strictly as against
the carrier As to the general custom Of Express Com
panles to charge extra for every package over sloo IN
Even admitting that they could change their liabilities Dy
o sweeping custom, (Which may wen DO dOnnte1l, no
price was demanded named ~ this ease and therefore
the custom has TO beating upon the controversy among
tho contents Of this trunk were i've lnanuscrpt
but tho defendants insist that they arc not liable
S9 s a bs popey termed bassage In HAWKINS ast
Hoffman, Is Hin, 5s9) Judge Bronson remarks: An
agreement 20 carry the ordinary baggage may wei %
implied from the usnal OF bu-ness but the imp
cation cannot be extended single sep beyond S9e1
his lggnge II II undoubtedly difficult define with
cnracy what shl be deemed baggage within the rule OF
tile carriers liability. do not mean to say that me
articles must be such as every deems essential TO his
comfort for carry nothing, or very tle with
nience By carrying many things. Nor do mean to say
that the rule Is conhned TO wearing apparel brushes
razor writing apparatus, and the like, which most per-
deem Indispensable y one has books for his In.
tructon or amusement hy the way or carries @ gn %
term baggage because they usually carried as such
within tho rule Now IL NAV safely he said that books
conffte 10 some sXont part Of tho baggage OF every
1 aso Students anG nee Of the learned proe
sons. There why they should not 10 under
tie protection OF the law as against the negligence OF
correIs M well az any other portions Of their luggage
yu Il i, said that 10 can be shown wherete carrier
has been hid liable for maqpgscrgts No such
hay" ySd t0 ~ r KY S Be- 2S Sf uaGr
circnmstsnccs from the list OF articles termed baggage
with tie lawyer going 60 dtani place 70 attend court
lecturer travelling 10 the place where his engagement to
be fulfilled manuscripts often form though small yet
indispensable part NJ his baggage They are carried as
SUCH In his trunk pOtmaneau among his other neces
sary effects They indispensable 10 the object OF hls
tourney and they carried with his baggage IN ac
| cnrdauce with universal custom. see no reason why
they should not be deemed necessary part or his
baggage his novel or fishing tackle. In the present
the manuscript hooks lost ere admitted 20 be neces
ary articles for the student ~ the institution TO which he
was proceeding They must, under all the circumstances
be deemed part of his baggage for which the defend
ants are liable There article OF jcwelry IN tho
list for which Of they not responsible as all
lewey excepted by specific designation. This how
ever, win make difference with the amount Of tho
Judgment 10y tho stipulation Of the parties IL Is not 70
exceed S7O the demanded in tho declaration, and
the gate of the agreed value Of the list IS M 10
let Judgment be entered for the plaintiff for $780, with
costs.