Yazoo & Mississippi Valley R. R. v. McCall

L. Carriers. Baggage. Liability for loss. It is the duty of a railroad where baggage is checked by a passenger over its road to care for it until it arrives at its destination and afterwards until it has been delivered to the passenger. 2. Carriers. Baggage. Liability for loss. Where a plaintiff checked his trunk over the Gulf & Ship Island Railroad to Jackson and arrived at that point at night and the next morning purchased a ticket, over the Yazoo 'Mississippi Valley Railroad and went to the baggage agent to check his trunk to a point on the Yazoo & Mississippi Valley Railroad and then found that by mistake the trunk had been shipped over the Alabama & Vicksburg Railroad to a point on that road, and his trunk was delayed for two months, and when finally received found to have been rifled of its contents, field, that the Yazoo & Mississippi Valley Railroad never having had the possession of the baggage was not liable for the loss. 3. Same. In such case it is immaterial that the baggage agent at Jackson was the joint agent of all the three roads.

Appeal from the circuit court of Hinds county. Hon. W. A. Henry,-Judge. Suit by R. L. McCall against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff the defendant appeals. The facts are fully stated in the opinion of the court. The contractual relations between the parties did not Re gin with the issuance of the check, but upon delivery <of the baggage after having previously purchased a ticket. Code 1906, section 4068; Hickoos v. Railroad, 31 iConn.-281, 83 Am. Dec. 143; Railroad v. Clayton, 78 111. 616; Chech v. Railroad, 2 Disn. (Ohio) 237; Wilson v. Railroad, 57 Me. 138, 2 Am. Rep. 26; Railroad v. Foster,. 104 IncL 293, 54 Am. Rep. 319; Lovell v. Railroad, 24 W. R. 394, 45 L. J. Q. B. 476; 4 Elliott on Railroads (2nd Ed.), p. 608, sec. 1653. And the burden of proof is upon the plaintiff to show such delivery. Railroad v. Meyers,. 21 111. 631. And that it was not rifled before coming into possession of the railroad company. McQuestion v. Sanford, 40 Me. 117. If it be the law that the liability of the carrier does not begin until the delivery to it of the baggage, then we say that under the facts of this case the appellant’s liability began on December 23, 1910, when the trunk was delivered to it for the first time (and not October 28th, as claimed by appellee), when the trunk was safely and promptly transported to Learned, and delivered to-the appellee in the same condition as when received by appellant. The appellant is therefore not liable for the goods which were removed from the trunk by Hosey in Arkansas two months before the receipt of the baggage by the appellant. Where a railroad company takes up a baggage check of a former carrier and issues a new check therefor, it is merely prima facie, and not conclusive evidence, of the receipt of the baggage in good order, and, while-it may go to the jury with other evidence tending to show such receipt, it is subject to be overcome. Ahlbech v. Railroad, 39 Minn. 424, 40 N. W. 364; Railroad v. Haiohins, 39 111. App. 406; Railroad v. Montelle, 10 Kan. 119; Railroad v. Clayton, 78 111. 616. It is the contention of appellant that the Yazoo and Mississippi Valley Railroad Company is not liable in this case because the said joint baggage agent was not. the agent of the Yazoo & Mississippi Valley Bailroad Company, at the particular time he checked plaintiff’s baggage out over the Q. & C. E. E. for Ashtown, Ark. If this is the law, then baggage from every railroad that enters the depot at Jackson could be stolen, burned ■or otherwise destroyed and no railroad would be liable for the'loss or destruction of same, unless it could be shown that the joint baggage agént was the agent of the specific railroad that was responsible for the loss, and that the said joint baggage agent was acting as the agent, for the railroad at the very hour or minute that the baggage was lost, missent or destroyed. The general rule as to the common carrier’s liability with reference to the goods in his possession as carrier, and regardless of any contractual exceptions, is that he is liable for all loss or destruction of or injury to such goods, not occasioned by the act of Gfod or the public enemy. Therefore where the loss is not due to the excepted cases, proof of negligence is immaterial, and the carrier cannot escape liability by proving reasonable care and diligence.' 6 Cyc. 376. Check for baggage is receipt for goods and makes out a prima facie case against a railroad company. Zeigler v. Mobile, etc. R. R. Co., 87 Miss. 367. It is the duty of the railroad company to safely keep the trunk of baggage at the station until the owner thereof or his agent, shall demand the same. Code 1906, sec. tion 4068. • If a railroad company carelessly or willfully injure or allow to be injured or lost any trunk or baggage, either by improper handling or otherwise, it shall be liable to the owner in a sum not less than double the amount of actual damage. Code 1906, section 4069. The burden was upon the railroad company to exculpate itself from the negligence, and the failure to deliver the baggage is negligence prima facie. Neivberger v. Railroad, 75 Miss. 303; Faison v. Railroad, 69 Miss. .569. A baggage check from a railroad company is a receipt for baggage, the same that a bill of lading is a receipt, from the railroad company for goods, wares or -merchandise.