Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-04
gage, information from the passenger az to its
value. and If the value thus disclosed exceeds

| gage, information from the passenger "a to its
value, and if the value thus disclosed exceeds
| that which the passenger could reasonably ask
to have transported as baggage, without extra
compensation, the carrier may name such ad-
ditonal charge as the risk justifes. It is also
| undoubtedly true that the carrier may be dis
charged from all responsibility as insurer If
| the passenger by any device or arti6co
puts off inquiry as to the value of his baggage,
| and thereby imposes upon the carrier q re-
| sponsibility beyond that which he was bound
| to assume.
In the absence, however, Of legislation lin
1tlng the responsibility of carriers for baggage
of passengers, in the absence of responsible
| regulations upon the subject by the carrier, of
which the passenger has knowledge, aud in the
absence of all inquiry of the passenger as to
the value of the articles carried, the court can
not, as mere matter of law, declare, as it was
effect dec 1 tsas the in f. tss sf
the passenger to disclose the value
of his baggage is in itself fraud upon the
carrier which defeats any right of recovery. 1t
is safe to say that by tho general law, in the
absence of special regulations by the carrier Of
the nature indicated, passenger has the right
to carry without extra compensation, such ar
ticles adapted to his personal use as his neces-
stiles, comfort, convenience or qualification,
may suggest to the extent that
such articles exceed in Quantity
ana value such as are ordinarily carried
by passengers of like station and pursuing like
journies to the extent they are not baggage,
for which the carriers by the general law, are
responsible as insurers.
This court holds, in view of the whole scope
and bearing of the charge of the court below,
that no error was committed to the prejudice
Of the company, or of which it can complain.
The judgment of the lower court is affirmed.
Justice Hardin delivered the opin-
ion. Justices Field, Miller and
Strong dissented ON the ground
that the 275 yards of lace claimed by the owner
to be worth S75, 600, and found by the jury to
be of the value of $4,000 cannot, as matter
Of law, be properly considered as baggage of a
passenger for which the railroad company, in
the absence of any special agreements, should
be held liable. Justice Field delivered the
dissenting opinion.
No. S42. j. o. Tinstman, plaintiff in error,
VS.. the First National Bank of Mount Pleasant,
Pa, in error to the circuit court of the United
States for the Western district of Pennsylvania.
Writ of error dismissed for want of jurisdic
ton.
No. educational Bank of the Republic,
plaintiff, in error, vs.. r. j. Willard, in error,
to the Supreme Court of the District of Col
umbia. Dismissed for want of jurisdiction.
The chief Justice delivered the opinion.
No. S.--Original, ex parte, Ira G. French.
Petition for mandamus denied. The chief
justice delivered the opinion.
At ?. N. the court adjourned till to-mor-
row and the justices made together their an
nuai call upon the President
THE CANADIAN CATTLE.
The secretary of the treasury has issued an
order prohibiting the importation of neat cat
tie from Canada, to take effect Dec. LIST next.