[443] Giles v. G. W. R., 36 Q. B. (Ont.) 360.
CHAPTER XI.
BAGGAGE.
Gone.—Company liable for Lost Baggage.—Carelessness of Owner.—Checking.—What is Baggage?—Papers.—Spring-horse.—Household Goods going West.—Luggage left in Cloak-room.—Limitation of Liability.—Taking Change.—Railroad Police.—Beauties of Checks.—Fall of a Window.—Legs and Arms outside.—Officials squeezing Fingers.—Stern Boreas.
Misfortunes never come singly, for birds of a feather flock together. Scarcely had I got to the hotel and begun ruefully examining the discolorations on my nether limbs and putting a piece of sticking-plaster on the top of my proboscis, when a thought struck me, and really hurt me, so that I involuntarily exclaimed, “Why, where’s my bag?” Of one thing I was soon satisfied, namely, that it was not there. I ran my fingers through my hair to let the cooling air as near as possible to my heated brain, and after mature reflection came to the conclusion that I had seen nothing of it since I had left it in the car while I went out after those refreshments already referred to; for on my return, finding in my seat a lovely girl, with long dark eyelashes, soft tender dark-blue eyes, a bewitching smile, and dimples which rippled round her ruby lips as she talked and laughed with a young fellow of a vinegar aspect who sat beside her, I had located myself elsewhere. Both these individuals had got out at the next station, but I had never again noticed, or even thought of, my bag.
When I met the Q. C. in the dining-hall I told him of my loss.
“What had you in your bag?” he inquired, with the air of a man who thought that he knew a thing or two about lost luggage.
“Nothing but my brushes and razors, pen and ink; some shirt-fronts alias dickeys, and other clothing.”
“Ah well! you are all right! you can easily recover the value of the waifs and strays from the company; for all those things have been held to be such personal baggage as a traveller has a right to carry with him.[444] Have you got your check?” he added.
“No. It was not checked. I carried it into the car with me, and left it to keep my place when we got out for refreshments, and it was gone before I got back into my seat—at least I have not beheld it since.”
“N’importe! as the frog-eaters say. You are entitled to recover, for your ticket gives you a right to be carried with your luggage;[445] and a by-law to the effect that a company will not be responsible for baggage unless booked, has been held bad in England.[446] Of course, if you had kept exclusive control over your bag, the company would not ordinarily be liable.[447] And when a man has his traps taken into the car with him for his own convenience he impliedly undertakes to use reasonable care; and if one were to leave his portmanteau in one car while he went and travelled in another, and the portmanteau was rifled, he could not recover for his loss;[448] nor, if he stupidly forgot to take his overcoat with him, when he left the train.”[449]