Connolly v. Warren

Under the ordinary contract oí common camera for the transportation of a female passenger by steamship from Ireland to the United States, she is not entitled to have a feather-bed, not intended for use on the voyage, carried as her personal baggage.

Contbact to hold the defendants liable as common carriers for the loss of a feather-bed; with a count in tort for its conversion. At the trial in the superior court, before Heed, J"., it appeared that the defendants were agents at Boston in this Commonwealth of owners of a line of steamships, who were common carriers of passengers between that port and Queenstown in Ireland; that the plaintiff was an infant in Ireland, and her aunt bought for her from the defendants a ticket for her transportation by that line from Queenstown to Boston; that with this ticket the plaintiff took passage from Queenstown on the steamship Delaware, and arrived at Boston in June 1869; that she was carried on a tender from the wharf in Queenstown to the steamship, which was lying in the stream there ; and that she took the feather-bed on board the tender, but it did not appear that it was transferred from the- tender to the steamship. It was not questioned that, if there was any liability of the carriers for the loss of the bed, the defendants were liable as principals. It appeared that the plaintiff took no property with her for the voyage besides the feather-bed, except a pillow and the clothing which she wore. She testified that she did not intend to use the feather-bed on the voyage; but contended that she had a right to have it carried without extra charge, as personal baggage incidental to her own transportation, and that it was a question for the jury whether it was her personal baggage. The judge was of opinion that it was not a question for the jury; but with the consent of the parties, in order that the opinion of this court might be taken thereon, he directed a verdict for the plaintiff for the value of the bed, which was assessed at $38, and reported the case, “ if the defendants were bound, under the circumstances., to cony the bed without any payment beyond what was paid as the price oí the ticket, judgment to be rendered on the verdict for the plaintiff; if the question whether the bed was a part of the plaintiff’s personal baggage is, under the facts before recited, a question of fact for the jury, the verdict to be set aside and a new trial ordered; but if, as matter of law, under the circumstances, the defendants were not bound to carry the bed unless paid for its carriage something beyond the price which had been paid for the ticket, the verdict to be set aside and judgment entered for the defendants.”