Charles G. Bartholomew Et Ux. v. St. Louis

• Decision Date: 31 January 1870
• Citation: 53 Ill. 227,5 Am.Rep. 45,1870 WL 6179
• Court: Illinois Supreme Court
• Parties: CHARLES G. BARTHOLOMEW et ux.v.ST. LOUIS, JACKSONVILLE & CHICAGO RAILROAD CO.

53 Ill. 227

1870 WL 6179 (Ill.)

5 Am.Rep. 45

CHARLES G. BARTHOLOMEW et ux.

v.ST. LOUIS, JACKSONVILLE & CHICAGO RAILROAD CO.

Supreme Court of Illinois.

January Term, 1870.

OPINION TEXT STARTS HERE

WRIT OF ERROR to the Circuit Court of Jersey county; the Hon. CHARLES D. HODGES, Judge, presiding.

The opinion states the case.

Mr. GEORGE W. HERDMAN, Mr. J. W. ENGLISH, and Mr. E. A. PINERO, for the plaintiffs in error.

Common carriers of baggage are liable for all losses, not attributable to the act of God or public enemies. Redfield on Railways, 2nd Ed. p 232; Powell v. Myers, 26 Wendell, 596; Hall v. Cheney, 36 N. H. Repts. 31.

The mere arrival of the baggage at its place of destination, does not discharge the carrier's responsibility as such. Angell on Carriers, Secs. 114 and 320; Redfield on Railways, 2nd Ed. pp 253, 254; Powell v. Myers, 26 Wendell, 591; Story on Bailments, Sec. 604.

The record does not show any arrangement by plaintiffs with the defendant's station agent at Delhi, whereby they were to keep the trunk until the next morning; but even if such arrangement were established, the liability of the defendant as a common carrier, would not thereby be affected or changed. Fenner v. The Buffalo & State Line R. R. Co., 46 Barb. 103; Curtis v. The Avon, Genesee &c. R. R. Co., 49 ib. 148.

Passengers have a reasonable time after the arrival of their baggage at its place of destination, to call for and claim it; and during such reasonable time, the liability of the carrier, as such, continues, and he is responsible, in his character of carrier, for all losses occurring within such reasonable time, not occasioned by act of God or public enemies. Redfield on Railways, 2nd Ed. pp 253, 254 and 255; Story on Bailments, Sec. 604; Angell on Carriers, Secs. 114, 320; Powell v. Myers, 26 Wendell, 591; Jones v. The Norwich and New York Transportation Co. 50 Barb. 193; Cole v. Goodwin, 19 Wendell, 251; Hollister v. Nowlen, ib. 234; Cary v. Cleveland & Toledo R. R. Co., 29 Barb. 35; Moses v. Boston & Maine Railway, 32 N. H. R. 523; Van Horn v. Kermit, 4 E. D. Smith's N. Y. Repts. 453; Wood et al. v. Crocker, 18 Wis. 345; Gilhooly v. The New York & Savannah Steam Navigation Co. 1 Daly, N. Y. R. 197.

Reasonableness of time is a question for the jury to determine, under the particular circumstances of each case. Gilhooly v. The New York & Savannah Steam Navigation Co. ib. 197.

In the case of Van Horn v. Kermit, 4 E. D. Smith's N. Y. R. 454, twenty-four hours was held a reasonable time within which to call for baggage, after its arrival, and the liability of the carrier, as such, continued during that time.

The carrier's liability, as such, begins from the delivery of the baggage to him, at his depot or warehouse, for shipment, and not from the time it is put on his train, or boat, and we hold that it does not terminate the moment the baggage, for which the passenger holds the carrier's check, is put off the carrier's vehicle. Redfield on Railways, 2nd Ed. pp 246, 247; The Camden and Amboy Railroad and Transportation Co. v. Belknap, 21 Wendell, 354; Moses v. Boston & Maine R. R. 24 N. H. R. 71.

We think the rule announced in Richards v. M. S. & N. I. R. R. Co., 20 Ill. 404, Porter v. C. & R. I. R. R. Co. 20 Ill. 407, and The C. & A. R. R. Co. v. Scott, 42 Ill. 132, all of which arose out of the carriage of freights, other than baggage, can not abridge the carrier's liability in respect to the checked baggage of passengers.

Mr. A. W. CHURCH, for the defendants in error.

The contract with the plaintiff having been complied with, and her baggage having been safely carried and actually delivered to her, the company's liability as a common carrier ceased, and when the station master afterwards received it to keep for her until she could send for it, the company assumed thereby only the liability of a gratuitous bailee, and became chargeable only for gross negligence, in case of its loss.

This court has repeatedly decided this to be the law in cases relating to loss of freight. Richards v. M. S. & N. I. R. R. Co. 20 Ill. 404; Porter v. C. & R. I. R. R. Co. 20 Ill. 407; C. & A. R. R. Co. v. Scott, 42 Ill. 132.

It seems difficult to distinguish between the case of freight and that of baggage; indeed, the reason of the rule would apply more strongly to the case where baggage has been received at the company's depot. The custom of all railroad companies is to deliver baggage at their depot, and when it has carried the baggage to the depot, and the owner is there to receive it, as in this case, the duty of the company as a carrier is performed, and its responsibility, as such, ended.

But although this question has never been directly raised in this State, there are not wanting authorities in support of the position in other States.

Thus, it has been decided in Wisconsin that when a passenger, on arriving at his destination, takes his baggage into his own exclusive possession and control, but afterwards, for his own convenience, hands it to the baggage master at the depot, to be kept till called for, the company is not liable for the baggage as a common carrier, but is liable only for gross negligence, the bailment being gratuitous. Minor v. The C. & N. W. R. R. Co. 19 Wis. 40.

And so in New York, where the passenger did not call for his trunk, but left it in the hands of the company over night without any arrangement with them, and the same was destroyed by the burning of the depot before morning, the company were held not liable. Roth v. The Buffalo &c. R. R. Co. 34 N. Y. 548.

And in Hathorne v. Ely, 28 N. Y. 78, it is held that an offer to deliver goods to the consignee terminates the carrier's liability as such. Mr. JUSTICE WALKER delivered the opinion of the Court:

It appears from the record in ...