Odger's English Common Law

passengers' luggage. 657
the carriage with him, the company's contract to carry it
safely is subject to an implied condition that the passenger
himself will take ordinary care of it, and should his negli-
gence cause the loss of the luggage, the company will not be
answerable for it, 1
Indeed, it has been held that a railway
company is not an insurer of such luggage and is not liable,
unless the passenger can prove negligence on its part. 2
long as the luggage which a passenger intends to take with
him in the train is in the custody of a porter at a railway
station, either at the commencement or conclusion of the
journey, the railway company is a common carrier of it, but
while it is in the carriage and partially under the control of
the passenger, the railway company is not a common carrier,
but is liable for negligence only. 8
Where u passenger has delivered his luggage to one of the
servants of the company to be labelled and placed in the
luggage van for the purpose of conveyance, the company will,
at common law, be clearly responsible if it be subsequently
missing. 4 The action is here founded on the breach of duty,
not on contract ; hence a servant can sue for the loss of his
luggage, although his fare was paid by his master with
whom he was travelling. 5 An action will also lie at the suit
of the master, where property belonging to him is carried as
the servant's personal luggage and is damaged through the
fault of the railway company. 6
If the luggage travels by the same train as the
passenger, but not under his control, it is the duty of the
railway company when the luggage reaches its destination
to have it ready for delivery upon the platform at the usual
place of delivery, until the owner, exercising due diligence,
can claim it ; and the liability of the company does not cease
1
•
Talley v. G. W. By. Co. (1870), L. K. 6 C. P. 44.
Bergheim v. G. E. By. Co. (1878), 3 C. P. D. 221. But see Bunchv. G. W.
By. Co. (1888), 13 App. Cas. 31.
8 See the judgment of Loid Esher, M. E., in Bunch v.