Michigan Southern & Northern Indiana Railroad v. Oehm

Citations

• 56 Ill. 293

Syllabus

<p>1. Baggage — what constitutes—necessity of notice to the carrier. A railroad' company, on December 24,1868, received from a passenger at Chicago two trunks, and checked them as personal baggage to South Bend, Indiana. In an action against the company to recover damages, alleged to have been sustained by the failure of the defendants to deliver one of the trunks at the latter place within a reasonable time, it appeared the trunks contained masquerade costumes, which the plaintiff had undertaken to furnish for use at a hall, on the evening of the following day; but one of the trunks failed to arrive in time, whereby the plaintiff lost the benefit of her contract : Reid, in order to recover, it was necessary for the plaintiff to show she informed defendants’ servants of the contents of the trunks, and that they would be required the next day.</p> <p>2. The plaintiff having shipped as personal baggage merchandise to be used in her trade, and in no sense whatever capable of being considered personal baggage, on the principle announced in the case of the Cincinnati & Chicago Railroad Company v. Marcus, 38 111. 223, the company, not having notice of the contents of the trunks, were released from their liability as common carriers.</p>