54 S.E. 825 | S.C. | 1906
August 10, 1906. The opinion of the Court was delivered by The plaintiff alleged in her complaint the loss by the defendant of her trunk and its contents, which the defendant had undertaken to carry for her as a passenger on its road from Salisbury, N.C., to Memphis, Tenn. In addition to the value of the trunk and the wearing apparel which constituted its contents, the plaintiff sought to recover for "the trouble, annoyance, worry and expense" in trying to locate the trunk and in communicating with the defendant about it, in being deprived of the use of the trunk and its contents, and in having to purchase other wearing apparel. The motion made to strike out all allegations of the complaint referring to the claim for trouble, annoyance, worry and expense, was granted by consent as to annoyance and worry, but refused as to trouble and expense incurred as above set forth. The charge to the jury as to defendant's liability for such trouble and expense was in accordance with this ruling. *60
The jury found a verdict for three hundred and sixty dollars, the entire amount claimed, which necessarily included $150 claimed on account of trouble and expense, in addition to the value of the baggage. The question made by appeal is, whether in case of complete loss of baggage, no previous notice being given to the carrier of special circumstances, the recovery would be limited to the actual value, without taking into the account any expense or trouble incurred in the effort to recover it or in being deprived of its use or in purchasing other apparel. The general rule is that the carrier is liable for the value only; not necessarily, however, the market value, but the value of such property for the use of the owner. 99 Am. S. Rep., 385, note; Fairfax v. R.R.Co., 29 Am. Rep., 119 (N.Y.); Houston R.R. Co. v.Seale,
This is the application to loss of baggage of the general rule recognized in this State, that the measure of damages for loss of goods by a carrier is their value at the place of destination. Wallingford v. R.R. Co.,
The judgment of this Court is, that the judgment of the Circuit Court be reversed unless the plaintiff shall within thirty days remit from the verdict one hundred and fifty dollars, the amount embraced therein over and above the value of the baggage. *62