86 Mo. App. 332 | Mo. Ct. App. | 1900
This is an action that was brought by the plaintiff against the defendant before a justice of the peace to recover damages for the loss of certain baggage. The material facts of the ease are -undisputed and may be stated in this wise:
The plaintiff purchased a ticket of defendant’s agent which'entitled him to passage over certain railway lines, including that of the defendant, from Athens, in the state of Ohio, to Sheridan, in this state. When the plaintiff arrived at Kansas City he entered a car on one of the defendant’s trains and showed his ticket to the conductor who informed him that he was on the proper train. This train reached Sheridan at about 11 o’clock that night, which was the fourteenth day of June, when and where plaintiff left it and went forward to the platform of the station to receive his baggage, which consisted of a telescope trunk, but he did- not find it there; nor was he able to find any agent of the defendant in charge of the station. The station building was closed and so plaintiff went away without his baggage. The plaintiff’s baggage was not on the train for it appears that one of defendant’s trains arriving from the south on the next day (the 15th) brought it to the station, and turned it over to its agent there who placed it in the baggage room of the station, where, on the night following, it was broken open and certain articles were taken therefrom, and carried away and so were lost to plaintiff.
The plaintiff did not call for his baggage on the next day after his arrival. At some time during that day he went to the house of a relation two or three miles from the station and there remained until the next day (the 16th) when he called upon the station agent to get his baggage, and for the first time learned of its arrival and that the station had been burglarized and his baggage broken open and part of the contents taken away. And the question now is, whether the defendant is liable for the loss so sustained by the plaintiff.
The transportation of the passenger being the main purpose and the carrying of the baggage a mere incident, its delivery must be controlled by the contract under which the passenger accepts transportation. If the contract with the passenger requires his transportation over connecting lines the same responsibility will attach as to his baggage.
It was the duty of the defendant to place the plaintiff’s baggage on the platform of the station on the arrival of the train on which the latter took passage from Kansas City. It appears, as has been stated, that Sheridan was, as to certain of its trains, of which that on which plaintiff took passage was one, but a flag station, and that it did not deliver the baggage of its passengers at that station on its platform, but that under a rule or practice passengers could have their baggage delivered by applying to the conductor and delivering to him their check; but plaintiff had no notice of this rule or practice. In the absence of such notice he had the right to presume
Tbe defendant was informed sometime after bis arrival at tbe station that there would be another train arriving over defendant’s railway from tbe south on tbe next evening; but it does not appear that be was informed that bis baggage would arrive on that train. Indeed, it seems from tbe evidence that tbe habit of tbe defendant in carrying tbe baggage for tbe station was not uniform for, as testified by tbe station agent, it would sometimes carry it by, returmng it tbe next day from tbe north. Tbe agent could not therefore have informed tbe plaintiff whether bis baggage bad been carried by or would arrive on some other train from tbe south. Under these circumstances, was it tbe duty of tbe plaintiff to remain at tbe station to await tbe pleasure of tbe defendant in respect to tbe delivery of bis baggage ? It is clear that under tbe variable practice of defendant as to tbe delivery of baggage carried on such of its trains as only stopped at tbe station when flagged, that it was not certain on what train tbe plaintiff’s baggage would arrive. This practice was in flagrant disregard of its common-law duties as a passenger carrier.
When a passenger has contracted with a carrier for tbe transportation of himself and baggage over its line from one designated station to another, and nothing is said as to when it will deliver bis baggage, must be, after tbe arrival of the train and tbe failure of bis baggage to arrive with him at tbe station of destination, await there for tbe arrival of tbe train, however uncertain, that shall place it on the' platform, and be
It may be proper here to state that we have examined the authorities cited by the industrious counsel for defendant, but find none of them applicable to a case where the facts are as here. If the defendant had placed the plaintiff’s baggage on the platform at the time of the arrival of the train
No reason is seen for disturbing the judgment, which will accordingly be affirmed.