Zeigler v. Mobile & Ohio Railroad

Citations

• 87 Miss. 367
• 39 So. 811

Syllabus

<p>1. Carriers. Baggage. Railroads. Code 1892, § 35C8. Termination of liability.</p> <p>Under Code 1892, § 35G8, regulating the subject of the receipt, transportation, and delivery of baggage by railroad companies, the liability and duty of a company as a carrier continues absolute until the baggage safely reaches its destination and the passenger has had reasonable time and opportunity to obtain it.</p> <p>2. Same. Evidence. Burden of proof.</p> <p>In an action against a railroad company for the loss of baggage, the introduction in evidence by plaintiff of his check for the baggage, with proof of its contents and value and that it has not been delivered to him upon demand, makes out a prima facie case and puts the burden of proof on tiie defendant of producing the baggage or showing cause of exculpation from liability.</p> <p>3. Same. Demand. Reasonable time.</p> <p>What constitutes reasonable time and opportunity for passengers to call for their baggage after its arrival at destination is ordinarily a question of fact for the jury dependent upon the circumstances of the particular case.</p>