106 Ga. 765 | Ga. | 1899
Lead Opinion
The defendant in error brought suit in a justice’s court against the car company for $30.50, being the value of a valise and its contents. Judgment in his favor was rendered for the amount for which he sued. The car company filed its petition for certiorari, after hearing which, the judge of the superior court sustained the judgment rendered in the justice’s court, and dismissed the certiorari. The car company excepted. The case was tried in the justice’s court on an agreed statement of facts, as follows: “ It is agreed that L. H. Hall, the plaintiff, ivas a passenger on the car Suwanee on October 25th, 1894, said car leaving Cincinnati at 8 p. m.; that said passenger, Hall, occupied room H, assigned him by porter, porter placing valise therein in said car.. Said passenger, Hall, took on board the articles set out in the bill of particulars attached to the suit, and it is agreed that the valuation therein placed on said articles is correct and reasonable. L. H. Hall was accompanied by W. C. Rawson. They engaged two lower berths in the same stateroom, and oh going into the stateroom found the window up and put the window down. They together left their valises in the stateroom and went forward to the smoking-room just before the train started. Afterwards as they were leaving the station and as they were passing through yard, and as train No. 3 on the Q. & C., this being train Hall was on, was slowing up at the C., H. & D. crossing about one mile from the central depot, from which they started and from where plaintiff boarded the train, the porter, Wright, caught a young man taking a large and small valise from the room H. When the thief saw the porter he dropped the large valise but
In the case of Kates v. Pullman’s Palace Car Company, 95 Ga. 810, the action was to recover the value of certain money and papers which, it was alleged, were taken from the pocket of the plaintiff’s clothing at night. This court in that case did not
The cases of Pullman Company v. Smith, in 73 Ill. 360, and of Pullman Company against Gailord, 23 Am. Law Reg., N. S., 788, hold that a sleeping-car company is not liable for loss of the effects of a passenger as a carrier, because it is not a carrier ; that the railway company is the carrier; that the carrier’s liability depends upon his possession of the goods; that a sleeping-car company does not have possession of the goods— they are in the control of the passenger. It was also ruled in Lewis v. New York Sleeping-Car Company, a Massachusetts case, reported in 28 Am. & Eng. R. R. Cases, 148, that a sleeping-car
Judgment reversed.
Dissenting Opinion
dissenting. Under the view I take of this case, the question decided by the first headnote is not involved. There is no error of law complained of on account of any ruling or view of the court below to the effect that a sleeping-car company is liable to its passenger for loss by theft of his baggage, to the same extent as an innkeeper would be for the loss of the goods of his guest, or a common carrier for the loss of baggage entrusted to it by a passenger for transportation. The case was tried on an agreed statement of facts before a jury in a justice’s •court. The petition for certiorari complained simply that the verdict was contrary to law and evidence. The order of the judge overruling the certiorari does not indicate that he entertained a different view of the degree of diligence required of the •company than is expressed by a majority of this court. That