Chicago, Rock Island & Pacific R. R. v. Clayton

Citations

• 78 Ill. 616

Syllabus

<p>1. Gabbier—evidence of receipt of baggage. The delivery of a baggage check by a railroad company to a passenger is prima facie evidence that the carrier has received the baggage it represents. Such evidence may be overcome by proof to the contrary, but the burden of proof is upon the carrier to show a non-delivery.</p> <p>2. Same—liable if it receives baggage after giving check. It is immaterial when baggage comes to the possession of the carrier, whether at the time the check is issued, or at a subsequent time. In either case its liability as an insurer becomes fixed in case of a loss.</p> <p>3. Same—sufficiency of proof to show receipt of baggage. Where a railway company received a passenger’s check for baggage, which had not then arrived by another road, and gave its own check for the same, and it appeared that it surrendered the passenger’s first check to the other railway company, it was held, that this was sufficient, in the absence of proof to the contrary, to show that the baggage was received by the company so surrendering the first check.</p>