234 Pa. 172 | Pa. | 1912
Opinion by
The damages here sought to be recovered are not for loss of baggage which the passenger had entrusted for transportation to the carrier’s exclusive possession, but for the loss of personal effects which the passenger retained in his own possession while occupying a place in the sleeping car. The distinction with respect to the carrier’s liability in the two cases is well established. In the one, where the baggage is delivered into the possession of the carrier, the carrier becomes insurer against all loss except such as results from the act of God or the public enemy; in the other, liability only attaches when the loss is shown to have resulted from the carrier’s negligence in failing to use reasonable care in the protection of the passenger’s property. This distinction is too familiar to require any citation of au
This assignment is sustained and the judgment is accordingly reversed.