Chicago, Rock Island & Pacific Railroad v. Boyce

Citations

• 73 Ill. 510

Syllabus

<p>1. Baggage—what may be included in. A sacque and muff, and silver napkin rings, can not be said to constitute any part of a gentleman’s traveling baggage, and no recovery can be had for their value in case of a loss.</p> <p>% SAME-^-to/tea carrier's responsibility terminates. The responsibility of a carrier of passengers, for baggage, continues until the owner has had reasonable time and opportunity to come and take the same away, after it has reached its destination. If not called for in a reasonable time, it may be stored in a secure warehouse, and the liability of carrier then ceases, and that of warehouseman attaches.</p> <p>3. Law and pact—reasonable time. What constitutes a reasonable time and opportunity to call for baggage by a passenger, is a mixed question of law ancl fact, depending very much upon the peculiar facts of each individual case; hut where the facts are undisputed, it is purely a question of law, and the court should decide it.</p> <p>4. Carrier—liability can not be extended by sickness of passenger, as to his baggage. The fact that a passenger on a railway is taken sick, and is given a lay-over ticket, so that he does not reach his destination as soon as his baggage, will not have the effect of extending the liability of the carrier as insurer beyond what it would otherwise he, and prevent the liability of warehouseman from attaching.</p> <p>5. Unless the carrier itself is at fault, the passenger can not, for purposes of his own convenience, or by reason of any inevitable accident to himself, he permitted to extend the strict and rigid liability incident to common carriers in respect to baggage after it has reached its destination.</p> <p>6. Where a passenger for Chicago, with baggage, being unwell, obtained a lay-over ticket for his own accommodation, and his baggage arrived on the 6th or 7th of October, 1871, and was stored in the company’s warehouse, and the passenger did not arrive in Chicago until the 11th of October, and the baggage,