Samuel Blatchford

“ Railroad Co., 5 Cush. 69, it was laid down that a common carrier of passengers was not responsible for money included in the baggage of a passenger, beyond the amount which a prudent person would deem proper and necessary for traveling expenses and personal use, or intended for other persons, unless the loss was occasioned by the gross negligence of the carrier or his servants. ”

“ A. Sold by traveling men from trunks on the road; stocks carried by traveling men, and delivered as the sales were made, and bills sent in to the house. A. How are these trunks transported from place to place? A. Checked as baggage.' The same witness also testified that some railroads had refused to receive and check such trunks unless they were given indemnifying bonds. On cross-examination he testified as follows: 'Q. Mr. Perry, do you know of any railroad in this country that you could go to with a trunk, and say, 'Here is a trunk containing $10,000 worth of jewelry. ”

“ Louis & Pacific Railway for a trunk containing jewelry; nor was there any evidence tending to show that the receivers knew of any custom under which trunks containing stocks of jewelry were checked as personal baggage.
Arthur J. Perry, in his testimony, gave the following evidence as to the trunk in question: 'Question. What kind of a trunk was that? Answer. It was a heavy, iron trunk,-iron bound, dark trunk, small size. Q. Had it any particular designation that you know of? A. It is a trunk that we used in our business, is about all; very small and heavy. ”

“ Q. The kind of a trunk known as a 'jeweler's trunk,' is it? A. Commonly used and known as a 'jeweler's trunk."
He also testified as follows: 'Question. Are you acquainted with the wholesale and retail jewelry trade as conducted in Chicago? Answer. Since 1880. Q. Just state how the wholesale jewelers in Chicago conduct their business with the outlying towns with which they have trade. A. The majority of them conduct it the same as we do; that is, they put goods in trunks, and send them with men on the road. Q. They send traveling men or members of the firm with a jeweler's stock in a trunk? ”

“ I think they are made for that express purpose,-almost universally made and used for that purpose. Q. Iron bound? A. Iron strapped, not bound. Properly, iron corners and strips; covered by three or four strips in various ways.'
Patterson, the baggage agent at Springfield, testified that he checked a piece of baggage on the day in question from Springfield to Petersburg, and he said on cross-examination that he had no particular recollection about the trunk of Perry, and that he did not recollect Perry. ”

“ A. A dark trunk,-a black or gray. Q. Was it a small trunk or an ordinary sized trunk? A. It was a small trunk for the weight of it, and what sample men would call a small trunk.' That is all the testimony that was given as to the size, shape, or appearance of the trunk.
Kearney, a witness for the interveners, testified as follows as to the kind of trunk generally carried by traveling men in the jewelry trade: 'Question. Are you familiar with the custom or usage throughout the United States of selling goods at wholesale? Answer. Yes, sir. Q. By traveling men? A. Yes, sir. ”

“ A. Well, we don't know them without some party opens the trunk. Q. When you see a trunk of that sort you naturally suppose it has samples in it? A. Yes, sir. Q. They are made much stronger than ordinary trunks, are they not,-different build? A. Yes, sir; different built trunk. Q. Well known to all baggage men and railroad men as sample trunks, are they not? A. Yes, sir. Q. You know as a matter of fact, do you not, that jewelry firms have transported their stock of jewelry in trunks of that make? A. Yes, sir. Q. Passing over your lines daily? A. Yes, sir. Q. Checked as ordinary baggage? ”

“ A. Yes, sir; they sell from the stock. Q. And what is the usage in regard to the transportation of these jewelry trunks? A. We check them the same as other sample trunks. Q. Check as baggage? A. Yes. They allow us, as commercial baggage-they allow us 200 pounds when we have a thousand-mile ticket. When we have a local ticket they allow us 150 pounds, and we have to pay for all over that. Q. They have been carried as baggage and checked as baggage since when? A. Since 1873. Q. Had you traveled over this road before, and carried your trunk in the same manner? ”

“ Q. You know as a general thing that jewelers travel on the road with their stocks, don't you? A. Yes, sir. Q. They transported their goods from town to town in trunks? A. Yes, sir. Q. And sold from their trunks? ”