Pfister v. Central Pacific Railroad

Citations

• 70 Cal. 169
• 11 P. 686
• 1886 Cal. LEXIS 753

Syllabus

<p>Common Carrier — Luggage. —The term “luggage,” as used in the Civil Code, has the same meaning as the word “baggage.”</p> <p>Id. — Money when not Luggage. — Under section 2181 of the Civil Code, money belonging to a passenger on a railroad, and intended for trade, business, investment, or transportation, and not for the use of the passenger while traveling, is not luggage.</p> <p>Id. —Railroad — Passenger— Contract Implied by Ticket. —A railroad ticket entitling the purchaser to transportation in the first-class passenger-coaches of the seller between the points indicated thereon gives him a right to have his luggage — not exceeding the quantity specified in the ticket — transported at the same time free of charge; but it does not give the purchaser a right to travel in a baggage, express, or freight car, or to transport, either in his own charge or that of the railroad, any merchandise or property not included in the term “luggage.”</p> <p>Id.—County Treasurer — Cannot Carry Money as a Passenger.—A county treasurer who purchases a railroad ticket entitling him to first-class passenger transportation has no right to carry with him in a passenger train certain money which he is required by law to pay over to the state treasurer at the place of destination, although the railroad had for many years previously acquiesced in such a practice, and accepted him as a passenger with knowledge that he had the money with him. •</p> <p>Id.—County Treasurer not a Public Messenger.—A county treasurer traveling with money which he is obliged by law to pay into the state treasury is not a public messenger within the meaning of the act of April 4, 1864, requiring the Central Pacific Railroad to carry such messengers over their road free of charge.</p> <p>Id. —Duty of Carrier as to Accepting and Carrying. —Under section 2169 of the Civil Code, a common carrier of goods is under no obligation to accept and carry all personal property that may be offered. Its duty is confined to acce