Bartholomew v. St. Louis, Jacksonville & Chicago Railroad

Citations

• 53 Ill. 227

Syllabus

<p>1. Baggage—when liability of carrrie/r ceases and that of warrehouseman attaches. Where the baggage of a passenger is placed in charge of the carrier, and upon arriving at his place of destination the passenger leaves it in charge of the carrier, the duty and liability of the carrier, as such, will not be changed to that of warehouseman, until the baggage is stored in a safe and secure warehouse. If the baggage be'placed in an insecure room, and is stolen, the carrier will be held responsible in that capacity, not as warehouseman. The same rule applies, in this regard, to the carrying of baggage, as in case of ordinary freight.</p> <p>2. Burden of proof—in such case. In an action against the carrier for the loss of baggage which had been stolen from the place where it had been deposited by the carrier, at the place of destination, if the latter seeks to avoid liability as a carrier, and place his defense on the ground that he is only liable as warehouseman, the burden of proof is upon him to show the baggage was stored in a safe and secure warehouse.</p>