Payne v. McConnell, (No. 2439.)

• Court: Court of Appeals of Texas
• Writing for the Court: Willson
• Citation: 234 S.W. 942
• Decision Date: 08 November 1921
• Docket Number: (No. 2439.)
• Parties: PAYNE, Agent, v. McCONNELL.

234 S.W. 942 PAYNE, Agent,
v.
McCONNELL. (No. 2439.) Court of Civil Appeals of Texas. Texarkana. November 8, 1921. Rehearing Denied November 10, 1921.

Appeal from District Court, Gregg County; Chas. L. Brachfield, Judge.

Action by Pearl McConnell against John Barton Payne, Agent. From judgment for plaintiff, defendant appeals. Reformed and affirmed.

Page 943

October 22, 1919, appellee, having purchased a ticket entitling her to be carried from Dallas, in this state, to Longview Junction, also in this state, over the Texas & Pacific Railway Company's line of road, then being operated by the federal government through its Director General, delivered a trunk containing clothing, etc., to the carrier's agent at Dallas, and received therefor a check showing same was to be carried as baggage to Longview Junction. Neither the trunk nor its contents, nor any of same, were ever afterwards delivered to appellee. Alleging a breach by the carrier of its duty to safely transport the trunk and deliver same and its contents to her at Longview Junction, appellee sued the Director General and recovered a judgment for $1,360.50, the value, she alleged and proved, of the trunk and its contents.

From findings made by the trial court it appears that, at the time appellee purchased the ticket and received the check, Baggage Tariff No. 25-2, duly filed with the Interstate Commerce Commission September 20, 1919, was in force. Said tariff "was issued," quoting from the trial court's findings, "under the authority of the United States Railroad Administration; through its Director General, and stated on its face that it applied to local and joint tariff of baggage rules, rates and charges applying at and between stations on the lines of the railways that were parties thereto, and from stations on said lines to destinations in the United States, Canada, Cuba, and Mexico, and the Texas & Pacific Railway was one of the lines mentioned in the tariff." The tariff was in a printed pamphlet, a copy of which was in the carrier's ticket office at Dallas, where appellee purchased the ticket mentioned above, and another copy of which was in said carrier's baggageroom where appellee had her trunk checked. Notices posted by the carrier "at and about" said ticket office and baggageroom advised the public that the copies referred to were at the places mentioned, and that information in regard thereto would be furnished to any one asking for it. Both the ticket purchased by appellee and the check given her had printed thereon that the undertaking on the part of the carrier which they respectively evidenced was "subject to tariff regulations." Among those regulations applying to baggage were the following:

"Rule 10. (a) Subject to limitations shown in rule 9 (immaterial to the question made by the record), 150 pounds of baggage, not exceeding $100 in value, may be checked without additional charge for each adult passenger."

"Rule 11. (d) Unless a greater sum is declared by a passenger and charges paid for excess value at time of delivery to carrier, the value of property belonging to, or checked for a passenger shall be deemed and agreed to be not in excess of the amount specified in rule 10, and the carriers issuing and participating in this tariff will not accept claim for a greater sum in case of loss or damage.

"If passenger declares according to the form prescribed by checking carrier a greater value than specified in the rule mentioned in the preceding paragraph, there will be an additional charge at the rate of 10 cents for each $100 or fraction thereof above such agreed...