56 Me. 60 | Me. | 1868
The plaintiff was a passenger on board the defendants’ cars, having seasonably paid her fare. Her baggage was not with her, it having been left behind, without fault of the defendants. Some two or three days after-wards it was left in charge of their servants, to be transported to the Empire station on their line, but it never reached its place of destination. This suit is brought to recover the value of the baggage lost.
As the plaintiff’s trunk was taken for transportation some days after she had passed over the defendants’ road, the substance of the charge of the presiding Judge was, that the price paid for the plaintiff’s ticket included the compensation due to the defendants for their subsequent transportation of her trunk, the trunk being personal baggage. In other words, it was not necessary that the baggage of the passenger should go with the passenger, but, it might be afterwards subsequently and without any additional charge for its freight.
The fare for the passenger includes compensation for the carriage of his baggage, as to which the carriers of passengers are to be regarded as common carriers. There need be no distinct contract for the carriage of the baggage. The fare covers the compensation for the freight of the baggage. The baggage must be ordinary baggage, such as a traveller takes with him for his personal comfort, convenience or pleasure for the journey. It must be the " ordinary luggage” of a traveller, regard being had ,to the journey proposed.
It is implied in the contract that the baggage and the passenger go' together. " The general habits and wants of mankind,” observes Erle, C. J., in Phelps v. L. & N. W. Railway Co., 115 E. C. L., 327, "must be taken to be in the mind of a carrier when he receives a passenger for conveyance ; and the law makes him responsible for all such
The fare paid by a passenger over a railroad, is the compensation for his carriage, for the transportation at the same time of such baggage as he may require for his personal convenience and necessity during his journey. Baggage subsequently forwarded by his direction, in the absence of any special agreement with the carrier, or of negligence on his part, is liable, like any other article of merchandize, to the payment of the usual freight.
The declaration is in the usual form against carriers. It is well settled that the carrier need not be paid in advance, unless he specially demand it, and that he has a lien on the goods carried for his freight. It is not necessary to determine whether or not the defendants would be liable for the trunk as common carriers of merchandize for-compensation. The case, as presented to the jury and as argued before us, raises the single question of the obligation of the carrier of passengers to take their baggage at a time subsequent to that of the carriage of the passenger, without additional compensation. Exceptions sustained.