Kast v. Philadelphia & Reading Railway Co.

Citations

• 28 Pa. Super. 107
• 1905 Pa. Super. LEXIS 146

Syllabus

<p>Carriers — Common carriers — Railways—Baggage—Limitation of liability.</p> <p>Where a mileage book signed by a person to whom it is issued contains a stipulation that the right to travel did not carry with it any privilege for the transportation of merchandise or goods of any kind, and that no claim should be made for loss or damage to baggage, except for the wearing apparel of the person named on the ticket, no claim can be made for the loss of sew- ‘ ing machine tools carried by the person owning the mileage book, and intended to be sold by him to persons who might need them, while he is traveling as a salesman for a sewing machine company.</p> <p>In such a case the fact that the stipulations were printed in small type and partially concealed by folded coupons is not material, if it appears that the stipulations were followed by these words: “I have purchased this ticket and agree to use it subject to above conditions,” which were immediately above the line of the signature.</p> <p>Generally whatever the passenger takes with him for his personal use or convenience according to the habits or wants of the particular class to which he belongs, either with reference to his immediate necessities, or the ultimate purpose of his journey, must be considered as personal baggage.</p>