N. & W. R. R. Co. v. Irvine

Citations

• 85 Va. 217
• 7 S.E. 233
• 1888 Va. LEXIS 30

Syllabus

<p>1. Carriers&emdash;Baggage&emdash;Contents&emdash;Proof&emdash;Refusal to check.&emdash;Passenger in habit of carrying merchandise in his trunk, against carrier’s rules, may be required to prove contents as condition of receiving and checking it.</p> <p>2. Idem&emdash;Affidavit&emdash;Damage suit&emdash;Aid of court.&emdash;Passenger, known to carrier as being in the habit of carrying merchandise in his trunk, offers his trunk, containing only wearing apparel, to be checked, for the purpose of having carrier refuse, without an affidavit as to its contents, which affidavit he intended not to give; and so lay foundation for a damage suit;</p> <p>Held:</p> <p>Without deciding as to the reasonableness of requiring an affidavit, passenger,is not in a position to take advantage of it, because engaged in an effort to make money out of carrier by unlawfu means, which will not be aided by a court of justice.</p> <p>3. Idem&emdash;Refusal to transport&emdash;Instruction&emdash;Obscurity.&emdash;In action for refusal to receive and check plaintiff’s trunk, an instruction is erroneous, which leaves it doubtful whether the occasion alluded to therein as that when plaintiff had not endeavored to deceive defendant, was the occasion mentioned in the declaration, or some other.</p>