Chicago, Rock Island & Pacific Railroad v. Collins

Citations

• 56 Ill. 212

Syllabus

<p>1. Evidence — of a co-conspirator. In an action against a railroad company to recover the value of a trunk and its contents alleged to. have belonged to the plaintiff as a passenger, and lost by the company, the evidence tended to show that the trunk belonged to a third person, who took it away from the depot without the knowledge of the agent of the company, and then procured the plaintiff to bring suit for its recovery. The evidence tending thus to show a community of interest and design between the' plaintiff and such third person, it was held, a letter written by the latter to a stranger to the transaction, going to show the conspiracy, was admissible in evidence against the plaintiff.</p> <p>2. Bag&age—what properly so considered. A Chicago grocer, who went into the country in quest of butter, sought to recover of a railroad company the value of two revolvers, among other things, which he claimed were in his trunk as a part of his baggage, which was lost by the company: Held, with due regard to the habits and condition in life of the passenger, more than one revolver was not reasonably necessary for Ms personal use and protection.</p>