Cincinnati & Chicago Air Line Railroad v. Marcus

Citations

• 38 Ill. 219

Syllabus

<p>1. Baggage—liability of carriers. The purchase of a railroad ticket includes the payment for the transportation of the person’s baggage, not exceeding a specified weight.</p> <p>2. Baggage consists of such articles as are necessary for a person’s comfort and convenience, with the necessary amount of money for expenses. \\</p> <p>3. A person, who, under pretence of having baggage transported, places in the hands of the agent of a railroad company merchandise, jewelry and other valuables, is guilty of fraud, which releases the company from liability as common carriers.</p> <p>4. In such a case, the company becomes possessed of the property as common bailees for hire, for by reason of the fraud they are released from the higher obligations of common carriers, and only bound to use reasonable care in its transportation.</p> <p>5 To create the liability of common carriers the shipper must act in good faith ; fraud avoids all contracts.</p> <p>6. A railroad company can not be held liable as common carriers when valuables are packed with other goods in such manner as to deceive them, unless informed of the contents of such package.</p> <p>T. The concealment of any fact or circumstance material to the risk avoids the contract, though the omission be the result of accident or negligence.</p>