Kates v. Pullman Palace-car Co

• Decision Date: 08 July 1895
• Citation: 23 S.E. 186,95 Ga. 810
• Parties: KATES v. PULLMAN PALACE-CAR CO.
• Court: Georgia Supreme Court

23 S.E. 186

95 Ga. 810

KATES

v.PULLMAN PALACE-CAR CO.

Supreme Court of Georgia.

July 8, 1895.

Carriers—Liability of Sleeping-Car Company for Loss of Passenger's Effects.

1. Relatively to a passenger occupying a berth in a sleeping car, for which he has paid the customary fare, a sleeping-car company is under the duty of maintaining such watch and guard while the passenger is sleeping as may be reasonably necessary to secure the safety of such money, jewels, and baggage as he may properly carry on his person or have in his possession while traveling in the car; and if, while he is asleep, such property is taken from his possession, the burden is upon the company of showing the loss did not occur because of a failure upon the part of its employes to discharge this duty.

2. That the loss of the property was occasioned through the negligence of the passenger would, ordinarily, be a good defense; but where it appears that the acts of the passenger alleged to be negligent were caused by the wrongful conduct of the company itself, the latter is estopped from claiming immunity because of such acts.

3. Proper diligence on the part of a sleeping-car company towards one of its patrons involves the exercise of ordinary care in looking out for and taking care of such property as may by him be casually left in a car of the company upon his leaving it, and the restitution of the property to the owner, when ascertained; and where such property is actually found by the servants of the company, or is left or dropped in such place and under such circumstances as that, by the exercise of ordinary care, it ought to have been found by them, the company will be liable for its value.

(Syllabus by the Court.)

Error from city court of Atlanta; Howard Van Epps, Judge.

Action by T. Kates against the Pullman Palace-Car Company. Prom a judgment of nonsuit, plaintiff brings error. Reversed.

The following is the official report:

Kates sued the Pullman Palace-Car Company for damages, and was nonsuited. From his testimony the following appears: He went to the passenger depot in Atlanta to take the train for Jacksonville, Fla. He had $125 in money, and certain plans and specifications, contained in an envelope. He bought a sleeping-car ticket, went to the platform of the Pullman car, and asked the conductor of that car if that was the car that went to Jacksonville. The conductor replied: "Yes; but I do not know if this car will go through to Jacksonville. You go on and take your seat, and I will get orders before we leave here whether or not it goes through. If it don't go through, I will put you in the Brunswick car, and you can change at Jesup." Plaintiff went in and sat down, and after the train started out the Pullman conductor gave him his berth to go to bed, and told him the car would go through to Jacksonville, taking from him his sleeping-car ticket, and giving him a berth check in exchange therefor. Upon this check were the words, "Passenger's check. Car Cuna. From Atlanta to Jacksonville, " followed by the conductor's signature. Plaintiff undressed, and prepared for bed, put his money ($115) into the envelope with his papers, placed the envelope in the inside pocket of his vest, put his vest under his pillow, laid himself down, and went to sleep. The train started from Atlanta about 1 o'clock a. m..No one was in this car but himself, the conductor, and the porter of the car. When the train reached Macon, plaintiff was awakened by the noise of uncoupling this car from the one next to it, and heard a man on the outside say, "Get that man out of there, and damned quick, or I will go off and leave him." About the same time the porter came and punched him, and said, "Get up quick, or you will be left." Plaintiff had to be in Jacksonville the next day at 3 o'clock and he arose hurriedly, and gathered up his clothes and shoes, and started to the next car. After going a few steps he thought of his vest, which he had forgotten, and rushed back, jerked it out, and put it with the rest of his clothes. When he got into the other car, which was a Mann car, he sat down, and lighted a cigar. He was somewhat excited. When he pulled his vest from the berth he did not think of his money or papers. He was in a hurry. He could not have got out of the car any quicker if it had been on fire. After smoking his cigar, he prepared himself to lay down, and on putting his vest in the same place as before, he discovered that his money and papers were gone. He looked through his other clothes, and found they had not dropped among the same. He looked all around the apartment he was in, but did not find them. He thought they would find his name on the envelope, and return it to him. About an hour afterwards he reported the matter to the conductor, and when he reached Jacksonville reported the matter to manager of the Pullman Palace-Car Company, who told him they had no business to leave that car in Macon, and that the one he came on was the one they should have left, and the one they put him out of was the one they should have brought to Jacksonville. Neither his...