Appeal from Circuit Court, Garland County; Alexander M. Duffie, Judge.
Action by one Record against the Little Rock & Hot Springs Western Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.
This is a suit by Record to recover of appellant for the loss of a valise and its contents, alleged to be worth $645.30. Record purchased of appellant, at Hot Springs, Ark., a through coupon ticket from Hot Springs to Durant, Ind. T., and paid full price therefor. Appellant checked his baggage through to Durant, and it was lost after appellant had delivered it to a connecting carrier. The valise contained personal apparel and two shotguns. The guns were alleged to be worth $250. The proof tended to show that appellee was taking the guns along to hunt with. "He sometimes hunted," and expected to use his guns when an opportunity presented. A ticket, which was shown to be a copy of the ticket sold to appellee, was read in evidence by appellant, as follows: "Issued by the Little Rock & Hot Springs
Western R. R. One passage of class indicated, to point on Missouri, Kansas & Texas Ry. between punch marks, when officially stamped on back hereof, and presented with coupons attached. Subject to the following contract: In consideration of the reduced rate at which this ticket is sold, I, the undersigned, agree to and with the several companies over whose lines this ticket entitles me to be carried, as follows, to wit: (1) That in selling this ticket the Little Rock & Hot Springs Western R. R. Co. acts only as agent, and is not responsible beyond its own line. * * * (8) That baggage liability is limited to wearing apparel not exceeding $100 in value. (9) That I will not hold any of the lines named in this ticket liable for damages on account of any statement not in accordance with this contract made by an employee of said lines." Other conditions were indorsed on the back of the ticket, but it is unnecessary to set them out. At the bottom of the printed matter on the ticket is a blank space for the signature. There was evidence on the part of the appellant tending to show that the ticket was sold at reduced rates, and evidence on behalf of appellee tending to show that he paid full price for the ticket. The ticket was not signed by appellee, and his evidence tends to show that he did not read the conditions on it; did not know what they were.
The appellant asked, among others, the following instructions:
"If you find from the evidence that the defendant sold to plaintiff a ticket to a point beyond its own line, with printed stipulations thereon limiting its liability to what occurred on its own line, and if you also find that the defendant safely delivered plaintiff's baggage to the C. O. & G. Ry., you must find for the defendant.
"You are instructed the guns mentioned in plaintiff's complaint, and sued for in this action, are not baggage, and defendant is not liable for their loss.
"You are instructed that, if you find from the evidence that stipulations limiting the liability of defendant were plainly printed on the ticket sold to plaintiff, he would be bound by them, if he saw them, whether he signed the contract or not; and, if you find that he saw the stipulations, you must find for the defendant."
The court refused these and others presenting practically the same question in different form, and gave as the law of the case the following:
"(1) Baggage is whatever a passenger takes with him for his personal use or convenience, according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or to the purposes of the journey.
"(2) If you find from the evidence in this case that the defendant contracted to transport the plaintiff and his baggage from Hot Springs to Durant, and furnished him with a ticket limiting its liability only to its road, by a printed stipulation on the...
