Gomm v. Oregon Railroad & Navigation Co.

Citations

• 52 Wash. 685
• 101 P. 361
• 1909 Wash. LEXIS 1177

Syllabus

<p>Carriers — Of Passengers — Liability Over Connecting Lines. The liability of a common carrier issuing a ticket over its own and connecting lines, is limited to its own line, in the absence of a special agreement.</p> <p>Carriers — Passengers—Baggage—Tickets—Restricting Liability — Loss on Connecting Line. Where a railroad company sold a round-trip ticket for continuous passage over its own and connecting lines, and checked baggage to the point of destination, its conduct is inconsistent with a provision in the ticket that it acted only as agent for the connecting carrier and assumed no responsibility for baggage beyond its own line, and it is liable for the loss of baggage on the connecting line on the return trip; since such contracts are to be construed in the light of public policy and all the attending circumstances, the ticket itself not being the only evidence.</p> <p>Same. In such a case, the passenger has a right to a'ssume that the return trip will be on the same conditions; and, where the connecting carrier issued only its local check for the baggage without calling attention to the fact that it was not checked through, the contracting carrier is liable for the resulting loss of the baggage; since it knew that if she stopped over en route to re-check the baggage the passenger would forfeit her ticket.</p> <p>Same — Ticket Limiting Yalue of Baggage. A condition in a special excursion ticket, sold at less than the usual fare, limiting the liability of the carrier for loss of baggage to $100, is a reasonable one, and will be enforced by the courts.</p>