, 1877-12-29
MIR. M'CORMlCK'S BAGGAGE.

Mr.. Cyru, II. Mccormick Is Awarded 31H,.
600 hy tho Ssw York Caurts, Aftcr NFu-
lructcd Litigation. for baggage DustroycI
In = Eira At Chicago.
4Stu lnrk MN.
In suit against railroad company for tho
loss Of baggage that has f,tcn pending IN the
courts ncurly sixteen years, Judge ponohuc
yesterday signed findings of law ind fact that
award Judgment In The plaintiffs favor for tl5,.
III, OF which $7,f3f Is interest. The case wns
tried before. but The Judgment VIVA reversed
and new trial ordered by the Court Vt Ap.
pcais. Tho iacts OF the csisc arc Of general
Interest.
in IT, llth Of March, 1s'a, s'r. Cyrus Il. Nc.
tho tttt,ot Of the lennsylyania Central Railroad
Company In Philadelphia for ttanaportatiob to
Chtcngo, nrl requested ellteks lur Ills baggage.
l}ya regulation Of this Conlpans, no PASSENGER
could hnye his luggage checked tor iransrorta.
tlon until lie hat procured passage tickets anst
atown them to the tcggggc-nlastrr. Mr. Nc
C0rmick was thcrpf0rr told that he must Hist
get tickets, aud he went away to procure tlletn:
During lii abscnce tile alWgugc-n'astrr caused
his luggage to he nut tntn to ears, a'nl On his
return with his tlckets tho baggage.tnuster ra!d
that hs had discovered tat extra compensation
must b. naIA for c1ccsS u freight, aud that 10
slr. Mccormick refused 10 rar tits charge, aud
demanded either its chAcks Or hts luggage. The
lag.,agc master refus4l 10 deliver either, The
rrasoa glyrn by him fbr mt s!rrcHtlrr'ng tts
baggage t'eiu9 TINT is Eas covered BY other luz.
ga:e, aud could not b Reached aud Removed
Before the tlIle for etaftug the train.
Mr. Mccormick she9 declined 70 60 on by
that train. aud remalqetl IN philalephia. and
Thompson, tho President nf the Company, gave
him an us,tur on NE. Garrett, the bagcaa a-tnas-
ter At Philadelphia, directing hin to telegraph
to rtstsburE and have tho baggage xsoppct
ti1re. Mr. Jarrett sent telegram to Pitts
burg, aud gave Mr. McEorlutsk an orller upon
tho bl.gageu.astct Ut that place. d!Fcct!ng him
to deliver the baggage there to ita owner With
out checks.
IIyered Mr. tiurrctts uy.trr tn All officer of the
CpIunany. lis WIS Informed that tho telegram
hAl been received but that ~ thu hurry tha baR"
age had not besh stopped. IAa blSSgaxe " "a var
nsi u Chca.u, and, 10 one 0e!n:s There 10 r.
ctive It, was s,orcst In tho usual plare for un-
clailueu luggage, aud. On tho night succeeding
H. arrival; was destroyed Y tirs. ,,.o,,
cktcsl, aud Judge !i"nohuo Incorporates their
conclusions !n Ills auslla=., THAT the salroaa
r.tnpany dill INT taSupy the us,sltion VI com-
sno,! carrles. uf the plaiut''i, and could not
avail ltsclt Ut any 0t The rules which have been
cstatlAhcA Us to the liabilities II cosnlnun ear
| sivrs u passengers, and that tho cuMI,aAy was
| llahte for tho acts of tho paegage-lnaslcr." he
eauss it md taken the paintiil's property with.
out his eunscut, Us well - aEainst IT, own rules,
The stasous assigned fur not delivering thu
plaintiffs baggage 10 him tnst!u no uItlt1ct.cs.
! The Company, bY ita usn wrongful! act, hl1
n4aIv 1t impossible u restore the property. Thu
Company had tho option Of gfvspg the checks Or
Of restoring thu ba1Qaxe, and II circumstances
which the Company itse!f, through i. sgrnt,
had brought atout made the surrender vi the
baggage tiupfsc.ieab!s, II might have given the
checks. III placing tho plalutiiI'. baxsa+e III
the ear the Company was fioatin. IT. own rules
At the very time that the plalnti, tn going aftcE
tickets, was Observing those rules. The susse
| ouspt occurrences did not constitute = waiSrI
81 the plalnti6 VI hi. right ~ hold The COMPANY
Tor tlu CONVERSION Vt hla baggage; and juds'