2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 4 - Transportation of Passengers
Part 1 - Transportation by Carriers Generally
§ 46-9-136. Carriage of Baggage

Universal Citation: GA Code § 46-9-136 (2020)
  1. A carrier of passengers may limit the value of the baggage which may be taken on board in proportion to the fare paid.
  2. A carrier of passengers shall be responsible for the value of lost baggage, regardless of whether an extra charge was demanded or paid for carriage of the baggage, provided that a carrier of passengers shall be responsible only for baggage placed in his custody; provided, further, that the liability of the carrier shall extend only to such articles as a traveler for business or pleasure would carry for his own use.
  3. A passenger shall not have the right to receive a reduction in fare by assuming custody of his own baggage.

(Orig. Code 1863, §§ 2044, 2051; Code 1868, §§ 2045, 2048; Code 1873, §§ 2071, 2081; Code 1882, §§ 2071, 2081; Civil Code 1895, §§ 2280, 2288; Civil Code 1910, §§ 2731, 2742; Code 1933, §§ 18-220, 18-222.)

Cross references.

- Penalty for unauthorized removal of baggage, freight, or other item transported by bus or stored in terminal, § 16-12-124.

JUDICIAL DECISIONS

"Baggage" defined.

- By baggage is understood such articles of necessity or personal convenience, as are usually carried by passengers, for their personal use. What articles are usually carried by passengers, is a question to be left to the jury. Dibble v. Brown & Harris, 12 Ga. 217, 56 Am. Dec. 460 (1852).

By baggage is meant the ordinary wearing apparel customarily carried by travelers, and such other articles as may be needed for the passenger's comfort or amusement. Hutchings & Co. v. Western & A.R.R., 25 Ga. 61, 71 Am. Dec. 156 (1858).

Extra baggage.

- If railroads receive extra baggage, to be carried for compensation, they are, as to such extra baggage, liable as common carriers. Dibble v. Brown & Harris, 12 Ga. 217, 56 Am. Dec. 460 (1852).

Money and merchandise not "baggage".

- Money, except for the payment of expenses, and merchandise are not included in the term baggage. Dibble v. Brown & Harris, 12 Ga. 217, 56 Am. Dec. 460 (1852); Hutchings & Co. v. Western & A.R.R., 25 Ga. 61, 71 Am. Dec. 156 (1858).

Carrier of baggage liable as common carrier.

- Those who carry passengers for hire, as regards the passengers' baggage, are like common carriers, liable for its loss, unless caused by the act of God or the public enemy. Dibble v. Brown & Harris, 12 Ga. 217, 56 Am. Dec. 460 (1852).

Excuse availing carrier for loss of baggage.

- No excuse avails carrier for loss of baggage except act of God, irresistible accident, or destruction by public enemy. Southern Ry. v. Rosenheim & Sons, 1 Ga. App. 766, 58 S.E. 81 (1907).

Detention of baggage.

- During the time within which a railroad company may reasonably detain a passenger's baggage, the relation of carrier and passenger still exists between the parties, and the liability of the railroad company does not become that of a mere warehouseman. Georgia R.R. & Banking v. Phillips, 93 Ga. 801, 20 S.E. 646 (1894).

If the plaintiff demanded plaintiff's baggage of the company immediately after reaching her destination, and the railroad refused to deliver until morning, and before morning the baggage was destroyed by fire, then the railroad is liable as a common carrier. Georgia R.R. & Banking v. Phillips, 93 Ga. 801, 20 S.E. 646 (1894).

General limitation of liability not contract.

- Under former Civil Code 1910, §§ 2731 and 2742 (see O.C.G.A. § 46-9-136), a carrier of passengers may bona fide agree with the purchaser of a ticket on the value of baggage; but a mere general limitation as to value, expressed in a printed form of contract, though signed by the carrier and the purchaser of the ticket, was not a bona fide agreement as to the value of the particular baggage. Southern Ry. v. Dinkins & Davidson Hdwe. Co., 139 Ga. 332, 77 S.E. 147, 43 L.R.A. (n.s.) 806 (1913).

Carrier's liability not applicable where passenger leaves trunks in baggage room.

- One who, having been a passenger, arrives with one's baggage at destination, surrenders one's checks, opens up the trunks in the baggage room, and afterwards leaves the trunks in the baggage room by permission of the baggage clerk, upon a statement that one will be going off again next day and will then recheck them, cannot hold the railway company responsible, as a carrier of baggage, for the destruction of the trunks by fire during the night. Southern Ry. v. Rosenheim & Sons, 1 Ga. App. 766, 58 S.E. 81 (1907).

Through ticket.

- Where a passenger with a through ticket over a connecting line of railroads checks the passenger's baggage at the starting point through to passenger's destination, and upon arriving it is damaged or has been broken open and robbed, the passenger may sue the railroad which issued the check, or he may sue the railroad delivering the baggage in bad order. Wolff v. Central R.R., 68 Ga. 653, 45 Am. R. 501 (1882).

Cited in Central of Ga. Ry. v. Lippman, 110 Ga. 665, 36 S.E. 202, 50 L.R.A. 673 (1900).

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 269.

ALR.

- Extra or excess baggage, 2 A.L.R. 109.

Carrier's liability in respect to baggage checked in parcel room, 7 A.L.R. 1234; 27 A.L.R. 157; 37 A.L.R. 762.

Regulation by public service commission as to checking and handling of baggage, 21 A.L.R. 323.

Liability of carrier for baggage not accompanied by passenger, 23 A.L.R. 1446.

Measure and elements of damages for loss or delay in delivering baggage of traveling salesman, 25 A.L.R. 76.

Responsibility of carrier for acts or omissions of redcaps, or porters other than train employees, 59 A.L.R. 126.

Discrimination by carrier between passengers as regards checking and handling of baggage, 59 A.L.R. 329.

Liability of air carrier for loss of or damage to passengers' baggage or contents thereof, 25 A.L.R.2d 1352.

Liability of motor carrier for loss of passenger's baggage or packages, 68 A.L.R.2d 1350.

Liability of air carrier for injury to passenger caused by fall of object from overhead baggage compartment, 32 A.L.R.5th 1.

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