28 Pa. Super. 107 | Pa. Super. Ct. | 1905
Opinion by
The defendant company sold the plaintiff a mileage book in which there was a contract containing nine stipulations; the only one of importance for the purposes of this case being the eighth, which was as follows : “ That it entitles the purchaser to travel only between regular stopping places of passenger trains, and that it is subject to all the rules and regulations of the company, and does not carry with it any privilege for the transportation of merchandise or goods of any kind. The baggage of the person named on the ticket to the extent of one hundred and fifty (150) pounds only, will be carried free of charge, and in event of loss or damage to baggage no claim shall be made except for the wearing apparel of the person named on the ticket, the liability for which is limited to one hundred dollars ($100).”
By virtue of this ticket the plaintiff delivered a suit case and square leather grip to the proper baggage agent at Philadelphia for transmission to Williamsport, Pennsylvania, and received from him two of the defendant’s baggage checks. Upon arriving at his point of destination he presented the checks and was informed that the baggage had been lost. Prompt payment was made*for the dress suit case and the plaintiff’s personal clothing contained therein, and this suit was then instituted to recover for the other articles. The trial judge submitted the case to the jury to determine “ whether the articles claimed Jor by the plaintiff were a reasonable amount for him to have as baggage on that occasion,” and instructed them that “ they were not restricted to the amount named in the contract in fixing the amount of the plaintiff’s damages.” A verdict was returned for the whole of the plaintiff’s claim,
Whatever of refinement there may be in some of the decisions in regard to the tools of an artisan, by no stretch of principle can the rule be made to include merchandise carried for sale. Nor could these items be held to be necessaries or conveniences to be used for his personal comfort while on his journey; manifestly they were articles of trade, or goods which he was vending and carrying with him to be delivered to prospective purchasers.
Generally whatever the passenger takes with him for his personal use or convenience, according to the habits or wants of
Delivery to a passenger carrier of a trunk or closed package, ostensibly containing ordinary baggage, without a statement of its contents, is equivalent to a representation by the passenger that it belongs to him and contains only such articles as are properly classed as personal baggage: If it contains other articles, and the carrier is not informed of the fact, it is a deception upon the carrier as to such articles and as to such they are not carried under the carrier’s contract: Story on Bailments, sec. 565 (9th ed.); Ill. Cent. R. Co. v. Matthews, 60 L. R. A. 846.
The special contract in this case relieves us from deciding whether under an ordinary passenger ticket he would be entitled to recover for the loss of his necessary tools, as they are
Bullion, samples of traveling salesmen, papers and documents of employer of traveler, deeds, works of art, plate, merchandise, medicines, presents intended for sale or delivery have been excluded from the class of personal baggage : Contract Co. v. Cross, 8 Am. Rep. 471; Penna. Co. v. Miller, 35 Am. Rep. 620; 2 Pepper & Lewis Dig of Dec., col. 2488-9; Mauritz v. N. Y., etc., R. R. Co., 23 Fed. Repr. 765; Jacobs v. Cent. R. R. of N. J., 19 Pa. Superior Ct. 13; s. c., 208 Pa. 535; Bullard v. Del. Lack. & W. R. R. Co., 21 Pa. Superior Ct. 583.
The first assignment of error is sustained and the judgment is reversed.