The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-25
RICO yERING FOR LOST BAGGAGE
Mr.. Cyrus ~. McCormick Awarded $4,000
after Protraeted Litigation.

In a suit against railroad company for
the loss OF baggage that has been pending in
the courts nearly sixteen years. Judge Donohue
yesterday signed findings of law and fact that
award judgment in the plaintiffs favor for 49,
127 OF which 1894 is interest. Tho case was
tried before. but the judgment was reversed
and new trial ordered by the Court of Appeals
The facts Of the case are Of general interest.
On the 18th Of March. 1862. Mr.. Cyrus H. Me-
Cormick. in company with his family. applied at
the depot of the Pennsylvania Central Railroad
Company in Philadelphia for Transportation to
Chicago and requested checks for his baggage
BY regulation Of the company. no passenger
could have his luggage checked for transporta-
ton until he had procured passage tickets and
shown them to the baggage master. Mr. Me-
Cormck was therefore told that he must first
gct tickets, and he went away to procure them
During his absence the baggage mastor
on his return with his tickets the baggage mas
ter said that he had discovered that extra COM
pensqtiOn must be paid for excess Of freight.
and that h. would not give the checks until that
was paid. Mr.. Mccormick refused to pay this
charge. and demanded either his checks or his
luggage The baggage master refused to de-
liver either. the reason given 10y him for not
surrendcring the baggage being that 1t was
reached and removed before the time for start
Mr.. Mccormick then declined to 60 on by that
train, and remained in Philadelphia. and his
baggage was carried off. The next day Mr.
Thompson, the President Of the company, gave
ter at philadelphia, directing him to telegraph
e. Pittsburgh. and have the baggage stopped
there. MIR. Garrett sent a telegram TO Pitts
hurgh. and gave Mr.. Mccormick an order upon
the baggage master at that place, directing him
10 deliver the baggage there to its owner with
out checks.
=. Mr. MCCORMICK went on to Pittsburgh and de-
liverod Mr.. CARROTS order to an officer Of the
company He was informed that the telegram
had been received. but that in the hurry the
baggage had not been stopped. The baggage
was carried to Chicago, and no one being there
to receive IL. was stored In the usual place for
ing its arrival. was DESTROYED 10y fire.
tpon those facts the Court II Appeals de-
cided. and Judge Donohuo incorporates their
conclusions in his findings. that the railroad
company did not occupy the position of COM
mon carriers of the plaintiff and could not
avail itself OF any Of the rules which have been
established ia to the liabilities OF common ear
rlers OF passengers, and that the company was
liable for the acts of the baggage master" be-
cause II mad taken the plaintiffs property with
out his consent ms well us against its own rules
Inc r.asons assigned for not delivering the
plaintns baggage TO him made no difference.
Inc company. 10y its own wrongful net. had
made II impossible to restore the property. The
company had the option of giving the checks
stances which the company itself. through its
agent. had brought about, made the surrender
OF the baggage imprnctcab.e. II might have
given the checks. In uacingthe plaintiffs bag
gage in the car. the company was violating its
own rules at the very time that the plaintiff in
going after tickets. was observing those rules
The subsequent occurrences did not const itute
waiver 10y the plaintiff Of his right to hold the
company Tor the conversion of his baggage
and judgment il therefore rendered against
the company for the full value q tho baggage,
s1l93. ana interest upon that amount Tor NJ
teen years. nine months. anu ten days. making
"A total Of 81 lyT.