This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ...R. COMPANY. Common Carrier--When Not Liable for Los of Passenger's Properly. In an action brought to charge a railroad company as common earners for the loss of an overcoat belonging to a passeager, it appeared that the coat was not delivered tq the defendants, but that the passenger, having placed it on the seat of the car in which ne sat, forgot to take it with him when he left, and that it was afterwards stolen. Held, that the defendants were not liable. Citations--4 Haule & 8., 306; Jer. Law of Carr.. 55, 150,158; 3 Esp., 74; 2 Kent, Com., 596,4th ed.; 1 Holt, N. P., 209; Story, Bail., 491, 2d ed. ACTION of trespass on the case, tried at the Herkimer Circuit in April, 1843, before Willard, C. Judge. The plaintiff claimed to recover against the defendants as common carriers for the value of an overcoat which had been lost under the following circumstances: in October, 1842, the plaintiff took passage in the evening train of cars at Utica, for Frankfort Bridge, some eight miles east of the former place, and paid his fare. When he entered the car he had the coat in question upon his arm, and laid it down by his side. On the arrival of the cars at Frankfort Bridge, he left them, but forgot his coat until the train had started for Schenectady. When the cars arrived at St. Johnsville, some thirty miles east Note.--Common carriers of passengers--Liability for baggage of passenger--What constitute baggage. See, Powell v. Myers, 26 Wend., 591, note; Pardee v. Drew, 25 Wend., 459, note. As to when liability is incurred. If the goods or baggage remain under the control of the passenger the liability of the carrier does not attach. Clark v. Burns, 118 Mass., 275; Abbott v. Bradstreet, 55 Me., 530; Cohen v. Frost, 2 Duer, 335; Steamboat Crystal Palace v. Vanderp...