19 Pa. Super. 13 | Pa. Super. Ct. | 1902
Opinion by
This action of trespass was brought to recover #462, as damages for an alleged loss claimed by reason of the defendants’ failure to deliver a certain telescope traveling case which was packed with wearing apparel of the plaintiff, her husband, and daughter, and checked from New York to Philadelphia via the defendant company.
The three persons bought separate excursion, or special, tickets from Columbia avenue in Philadelphia to New York and return; and each contained on its face the following declaration or clause, printed in clear and legible type : “ This excursion ticket with coupon attached entitles the holder to one trip to New York and return. In consideration of the reduced rate at which this ticket is sold, it will be good for six days, including date of issue, .... only one hundred and fifty pounds of baggage allowed each passenger. Company’s liability limited to one dollar per pound unless special agreement be made.”
The baggage was checked upon the personal ticket of the plaintiff and its loss while in the care of a New York Express Company — the defendant’s agent — was admitted.
The common-law liability of common carriers for the safety of baggage of travelers is not clearly defined, but it is not unlimited. The carrier is not called upon to take an unusual quantity as the baggage of a single traveler, nor is he under obligation to pay for the value of articles which are in excess of the travelers’ ordinary wants. The rule laid down by the common law is, “ The contract to carry the person only implies an undertaking to transport such a limited quantity of articles as are ordinarily taken by travelers for their personal use and convenience; such quantity depending, of course, upon the station of the party, the object and length of the journey, and many other considerations: ” Hannibal & St. Joseph R. R. Co. v. Swift, 79 U. S.; 12 Wall. 272, (20 L. ed. 428), and the carrier has a right “ by reasonable regulations, of which the passenger has knowledge ” to define and make certain to both parties the extent of an implied obligation to carry baggage. “It is undoubtedly competent for carriers of passengers by specific regulations, distinctly brought to the knowledge of the passenger, which are reasonable in their character, and not inconsistent with any statute or their duty to the public, to protect themselves against liability as insurers of baggage not exceeding a fixed amount in value, except upon additional compensation, proportioned to the risk:” New York Cent., etc., R. R. Co. v. Fraloff, 100 U. S. 29, 25 L. ed. 534; Ray on Negligence of Imposed Duties, 572-575; 3 Wood on Railroads sec. 406.
In Bowers v. Pittsburg, Fort Wayne & Chicago R. R. Co., 158 Pa. 302, the attention of the passenger was directed to a provision for the return journey, namely, that the ticket would not be valid unless presented by the original purchaser to the agent of the company at Chicago, to be stamped on the back, and when officially executed by such agent, it would be good only for a continuous passage commencing on the date so stamped and in no
The rule is well settled that the liability of a carrier for the baggage of a passenger which has been intrusted to his care is that of an insurer; the price paid for the ticket or for transportation, embracing compensation for the carriage of the baggage, and that this liability is limited to such articles as are necessary for the comfort of the passenger and for all in addition to this class the carrier is not an insurer but a bailee and cannot be compelled to carry them unless an additional compensation is paid. The carrier may by a special contract or by a notice assented to by the passenger limit its liability as insurer, and in cases where a printed contract ticket signed by the carrier is issued to the passenger although he does not sign it he is bound by all its lawful conditions; his acceptance and use of it create an implication of his assent to its provisions. “ There is no reason why a consignor who is bound by the provisions Of a bill of lading, which he accepts without reading, should not be equally bound by the terms of the contract in similar form to receive and transport him as a passenger: ” 3 Am. & Eng. Ency. of Law, 2d ed., 560, and notes. The contract, as evidenced by the ticket, in this case entitled the plaintiff to those rights only which the ticket conferred and bound her to perform the obligations which the ticket imposed: Hutchinson on Carriers, sec. 580a, and notes.
For the purpose of preventing fraud on the part of the owners of baggage notices limiting the carrier’s liability for baggage to a certain amount, unless its value is disclosed and additional payment made for the excess over the amount named, have generally been held valid when brought to the knowledge of the owner, whether assented to by him or not; 5 Am, & Eng. Ency,
This doctrine is followed in Penna. Central R. R. Co. v. Schwarzenberger, 45 Pa. 208, Penna. R. R. Co. v. Henderson, 51 Pa. 315, Farnham v. Camden & Amboy R. R. Co., 55 Pa. 53, Allam v. Penna. R. R. Co., 183 Pa. 174, Frank v. Central Railroad Company of New Jersey, 9 Pa. Superior Ct. 129, and Davenport v. Penna. R. R. Co., 10 Pa. Superior Ct. 47.
The assignments of error are overruled and the judgment is affirmed.