Year: 1869

Gays before bought his ticket and engaged state
board the steamboat ST. John, took a small
valise aboard with him 10 his sateroon, locked the
door came back TO say goodby 10 his sister, and re-
turning, few minutes later, found his Vaise
gone. On the trial the defendants insisted that
they had placed everywhere about the
boat notices to passengers that they must
leave their baggage IN the baggage room,
and mad even placed ers0ns on the stairs leading
to the state rooms 70 notify the passengers OF TINS
rule. The palnun denied that he had seen any sucn
notice, or been nonned in any way not 10 place his
baggage in the state room The case went 10 tho
jury and the jury found for the plaintiff. The ae-
PENDANTS appealed and are now beaten on appeal
the Court holding that the defendants are liable as
common carriers for their passengers baggage, anu
though they have the right To make reasonable reeu
lations they must bring such feguanons W the
knowledge OF tine passenger TO become defence
and that q regulation preventing passengers IRON
retaining with them articles Of daily use would not
be e-reasonable.


Judge DAILY, In rendering decision, SAID carrier
OF passengers had right TO establish any reasonable
regulations which he might consider necessary TO
the safety OF the baggage Of MS passengers
and II the passenger knew OF the regulations ana ms
baggage lost through his own neglect or refusal
comply with them the carrier was not responsible.


Ihe PASSENGER mad engaged siateroom ~ several vera
70 the Oce upon the boat got the key Of the state
and paid his fare. The contract Tor his passage
was therefore complete, and the carriage and sale
keeping or hts baggage were. on the part Of the de-
fendant, duty incident the contract. The taxing
OF his vallse with MIN into the staterooln was not
such taking of it into his own exclusive custody
aud guardianship to aDsove the carrier
from any duty liability or obligation respect
ing 1t. Alter reviewing the evidence IN the case
and citing various cases bearing upon the subject.
Judge Daily concluded an elaborate decision BY
stating that where a passenger pays, III addition,
Tor separate or private room, or, as IL Is called
stateroom IN these boats, he does get greater
and better accommodations and ior the privacy ana
security which it affords. IL he has SIMPLY with
nm vaiise and small portable articles coming
under the denomination OF light baggage as 1t may
De carried in the hand, and from Its limited SIZE
usually admits Of little else than the clothing and
aruces required fof present use he has the right
where Is the general character OF Its contents,
to take IT with him into Lhe chamber provided for
INN ana where ne Ii TO pass the ngnt,
and, having placed II there and locked the
door, the obligation upon the carrier to see that
his property Is not purloined or stolen. Any regu-
laLOn, the effect OF which would be TO prevent him
from dong this, would be unreasonable


IL is essential to the travellers convenience and
comfort, and the law would not descend into the
particularly OF insisting that he should opeu the
slJe for the night lock 1t up and then take II and
deposit it In the baggage room for safe keeping, Ii
might put him to considerable inconvenience II he
had to do this, and IN this case the passenger had
scarcely time TO do II, for he put tue vallse III the
state and left for i've minutes to bid his sister
gOodby and when he returned IL was gone. In fact
II disappeared SO quickly AZ scarcely to AFFORD HIM
Tune even to see and read the rules ana regulations
alleged To have been posted up with when lie was
required to conform. Judgment should be affirmed.


Judge Brady concurred III tile above decision ;