Chesapeake & Ohio Railway Co. v. Beasley

Citations

• 104 Va. 788
• 52 S.E. 566
• 1906 Va. LEXIS 147

Syllabus

<p>1. COMMON CaRTERs-Liability for Baggage-Reasonable Time to Remove.-A common carrier of passengers is an insurer of its passengers' baggage during transportation, and fo~ such a time thereafter as affords the passenger a reasonable opportunity to remove it. What is such reasonable time depends upon the circumstances of the particular case, such as the character of the station, the opportunities afforded f or delivering such baggage when called for, and the like. From this duty to safely carry and deliver the common carrier can only be exonerated by the act of God or a public enemy. In the case at bar, a reasonable opportunity was not afforded the passenger to remove his baggage.</p> <p>2. Cosnvroic CAaruEa-Contracts Against Negligence-Limiting Liability-Case at Bar-Agreed Valuation of Baggage.-A contract with a common carrier whereby, in consideration of a reduced rate, a shipper agrees to accept an agreed value, less than the true value, of goods lost by the negligence of the carrier is invalid in this State, where it is declared by statute that \no agreement made by a trans.. portation company for exemption from liability for injury or loss occasioned by its bwn neglect or misconduct as a common carrier shall be valid.\ To limit is simply to exempt pro tanto, and hence is alike forbidden. It is immaterial that the contract was fairly entered into for a valuable consideration. It is voicl not because it is unreasonable, but because the Legislature has declared all such contracts invalid, whether reasonable or unreasonable. In the case at bar, a passenger was traveling on n mileage ticket pui-chased at a reduced price, and signed a contract providing that in case of loss or damage to baggage no claim should be made therefor in excess of $100. Baggage worth $600 was lost through the negligence of the carrier, and it was held liable for the full amount.</p>