75 Ga. 316 | Ga. | 1885
The plaintiff took passage on the Western and Atlantic Railroad from Atlanta, and at Kingston, by the Rome Rail road, to Rome. She paid her fare, and had her baggage, a lady’s Saratoga trunk containing her wearing apparel, checked to the latter point, which she reached, and where she spent the night. Her trunk was not carried to the hotel where she lodged, but remained in the baggage room at the depot of the Rome Railroad. The next morning, she went to the station for the purpose of pursuing her journey on the East Tennessee, Virginia and Georgia Railroad to Prior’s, a way station on that road, in Polk county, Georgia. At Rome both these roads used the same baggage-room, and the platform thereto attached for putting off and taking on passengers and their baggage and for taking care of and storing baggage. Preparatory to her departure, the plaintiff handed her check to a friend, and requested him to get her trunk and place it in position for transportation to her point of destination on the East Tennessee, Virginia and Georgia Railroad. The check was delivered to Ramsey, an employé of the Rome Railroad, and the trunk was brought out of the room, placed upon the platform, and he was instructed as to the disposition to be made of it. He consented to follow these instructions, and the gentleman giving them left the depot to attend to some business elsewhere before the arrival of the train the plaintiff was to take, and which she did take. Upon reaching her station, she found that her trunk was not on board the train, and had not been put on. At that time, the road gave no checks for baggage which was to
It does not appear that this trunk was ever out of the possession of the agents of the Rome Railroad Company, or that it was ever delivered to the plaintiff, or, in accordance with her directions, to the East Tennessee, Yirginia and Georgia Railroad. This aspect of the case was not given in charge or submitted by the court to the jury. The defendant, upon this part of'the case, was held liable “only for gross neglect.” It cannot, and does not, complain of the charge in this respect; in our opinion, it was too favorable, and was more than it was entitled to under the law.
1. Under the circumstances in proof, it was bound to a higher-degree of diligence than that given in charge, in the case of this baggage. While in its possession for that purpose, it undertook to deliver it on board the East Ten
The court charged that the storage of this baggage for a night was not, under the circumstances, for an unreasonable length of time; but he should have gone further, and charged that, if it was removed the next morning from the room to the platform, for the purpose of being sent forward with the passenger on the other road, and the company’s agent undertook to perform this duty, but neglected it, the company would be liable,—if not as a common carrier, for want of extraordinary care, it was' at least liable as a bailee for hire, for want of ordinary care. Any other rule would, it seems to us, impose upon passengers a duty which the company has been paid to perform, and would, at all events, subject them to serious inconvenience, and perhaps to loss, without fault on their part, and for which they could have no adequate redress.
2. But, even if the court was right as to the degree of care the defendant was bound to bestow upon this baggage while temporarily under its control, then we are satisfied that it could not relieve itself of responsibility without in some manner accounting for the loss and showing how it got out of its custody. Its failure to do this would warrant the inference that it was stolen by its servants, or was lost in consequence of their gross neglect. This action was based upon the negligence of the defendant’s agents. The trunk was last seen in their possession; the failure of
Judgment affirmed.