The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-01-18
BAGGAGE.
Written for the Information OF
Subscriber and Others.
To the Editor of THE HERALD:

To the Editor of THE HERALD: 4
Websters definition of baggage is:
" The trunks, carpet bags, valises, band
boxes, etc., used to contain the clothing
and other necessaries or conyeniences
which traveller carries with him on a
journey" A
This definition is drawn from the law
written: g
Lord Chief Justice Cockburn, in case
in the Queens Bench of England, an
nounced the true rule to be :, that what
ever the passenger takes with him for
his personal use or convenience, accord
ing to the habits or wants of the par
ticular class to which he belongs, either
with reference to the immediate neces-
sites or to the ultimate purpose of the |
journey, must be considered as personal /
luggage" ssrioy ban r
The Supreme Court OF the United |
States has said that the carrier "may
refuse to receive on the passenger train
property other than the baggage of a
passenger, for a contract to carry Il G
person only, implies an undertaking t
transport such limited quantity of ar
ticles as are ordinarily taken by travellers
for their personal use and convenience.
v But if property offered with the
passenger is not represented to be bag
gage and is received for trans
is no reason why the carrier shall not
be held responsible for its safe convey
ance as if it were placed on the freight
train, as undoubtedly he can make the
same charge for Its carriage"
Thus far the general rule. But baggage
being a relative term, it must be de
fined by the facts and circumstances of
each particular case, including the OBJ
ject and length of the journey, and of
the habits and conditions in life of each
passenger. And in this connection It
may be proper to note that although
the carrier is responsible for the loss of
the baggage, while in his custody, still
he incurs no risk for the loss of articles
not properly included in that term, not
withstanding they be packed in the
same trunk with articles properly be-
longing under that denomination.
Some people may think it strange that
habits and conditions in life of different
passengers should determine the car
rier's liability Nevertheless, such is
the law upon the subject. Thus if
country school-marm were to carry
IuOuSdluS Vi WI VII vi ldSC III
her trunk, and it we're lost on your rail-
road. you would not be liable. But
the Russian Countess Traloff, who
honored our country by visit, lost
her laceS while travelling over the New
York Central Railroad, and she
sued the company for sum equal TO
81 600 per yard, for seventy
| five yards, claiming that the
fabric was especially valuable on ac-
count of having been made by her
ancestors on their estates in Russia.
The jury consisting OF. twelve true and
! lawful American citizens, reduced the
value considerably, and awarded this
daughter of the pampered Muscovite.
aristocracy, only as salve to her lace
rated feelings caused by the ruthless
tearing-off OF what the jury no doubt
considered to be the Rinlsy needle-work
of the grandmothers of the gentle Coun-
| tess Fraloff. The verdict was sustained,
on appeal, by the Supreme Court of the
United States. Three justices of that
court, Field, Miller and Strong, dissented,
| however, on the ground that to allow
seventy-five yards of lace, valued by the
Countess at the rate of 81 ,000 per yard,
under the name of baggage, was stretch
| ing that term to q rather attenuated
length. ~
To apply the rule to the particular
cases mentioned by subscriber" in
yesterdays HERALD, a further state
ment OF each case would be necessary.
/ As to the case OF the dog, we will have
/ to call it off; it could not under any cir
cumstances be called baggage" except
in slang to be applied to miserable
cur.
Chairs are,not baggage Perhaps
under certain circumstances a chair
might be allowed passenger when the
company furnish coal or fat cars, as
! has sometimes been done, for passen-
gers on excursion trains.
/ A gun should be allowable, free of
charge, to soldier or militiaman on
duty, and would be included under
/ arms and accoutrements. An officer
travelling, having prisoner in charge,
should enjoy the same privilege.
An express wagon, beng designed
to carry baggage" instead OF being
carried as such, must necessarily be
withdrawn from consideration.
/ AS Subscriber" fails to describe the
pump, will only observe that physi-
clan, travelling on professional business
would be entitled to hayea stomach
pump carried as baggage.
Seriously, this subject has caused
/ much discussion III every railroad COM
munity, and if the above remarks, in
your opinion, would serve to inform
your readers. you are at liberty to have
I them conveyed through TIE HERALD,
under the head of Baggage. y
$. j. JoEAs5oN
SALT LAKE CITY, January Il, 1884.
s
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