Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-10-27
Cumberland County Rescript.

EDWARD II. WOOQ VS.. Maine central
Railroad Company.
Rescript by Whtehouse, J.
1t is settled and familiar law respect
ing public carriers of passengers, that
the existence of the relation of passen-
ger and carrier between the parties en-
titles the passenger to have his person.
al baggage transported at the same
time without any additional charge for
the freight. No separate contract is
required for the carriage of more per-
sonal baggage which is accompanied by
the passenger in it's transportation. The
fare for the transportation of the pas
Senger includes compensation for the
carriage of the baggage; and with re-
spect to such baggage, the carrier of
passengers incurs the responsibility of
common carriers Of merchandise and
becomes liable as an insurer of the bag
gage, except in cases of Wis major" of
the public enemy. But in the absence
of any special agreement therefor the
carrier does not incur this liability as
an insurer of the baggage, unless the
passenger accompanies it in it's trans
portation or is prevented from so doing
fore that which would have been prop
erly baggage had it been accompanied
by the owner as d passenger, should by
accident or mistake be accepted by the
carrier for transportation without be-
ing accompanied by the owner, and
when he is not or does not become a
passenger, the carrier would not have
it in the character of baggage, and
would not be responsible for it as such.
For although the measure of the liabili-
ty of the carrier of the baggage is the
same as that of the common carrier of
goods as freight, the risk incurred by
the carrier in the two cases is not al
ways the same. Where the baggage is
accompanied by the owner, as the car
rier has the right to suppose will be the
case, emergencies may arise in which
his care and attention to it may pre-
serve it from loss: and when his jour-
ney has been safely made. the carrier
may at once deliver to him his baggage.
In the case at bar it satisfactorily APP
pears from all the evidence that the
plaintiffs trunk was received by the
| carrier in New Jersey. in the ordinary
way as the personal baggage of a pas
senger, in the expectation that it would
ne accompanied by the owner. 1t is
true that the plaintiff testifies that he
paid an extra amount to have the
trunk checked through to Wiscasset."
but he is unable to settle the precise
amount paid for that purpose, and he
recalls no conversation between the
checker and himself tending to show
that the trunk was to be forwarded as
freight without the passenger. He re-
ceived only the ordinary passenger
check for the trunk and it seems
probable from all the evidence that the
additional price, paid by him was
only the ordinary charge for the
transfer of the baggage of passengers
across New York and Boston. The con-
clusion is irresistible that when the
trunk was checked at Asbury Park
both the parties understood that it was
to go forward as the baggage of a PAS,
senger. 1t is equally clear that the
plaintiff did not intend to accompany it
beyond Boston, and it is admitted that
he did not in fact accompany it over
any part Of the defendants railroad.
1t is accordingly the opinion of the
court that the defendant did not incur
the full responsibility of a common car
rier of goods, and that at the time tine
trunk was rified Of its contents, the de-
PENDANT was only liable as gratui-
tous bailee.
But with respect to its manner of
storing and keeping the trunk. the evil
Gence fails to show that the defendant
was guilty of any negligence which
would render it liable. as gratuitous
bailee, to compensate the plaintiff for
the loss of baggage taken from its Gus
tody by shop breakers and thieves. The
trunk was deposited in an ordinarily
we'll constructed baggage room with
the doors and windows secured in the
ordinary manner on the night in ques-
ton, and the felonious entrance was eff
fected by breaking out a pane. of glass
in one of it's windows. The plaintiff
conduct indicated that he regarded this
baggage room as reasonably safe