Page:The Green Bag (1889–1914), Volume 23.pdf/633

 593

Latest Important Cases LaFollette. "Autobiography." By Robert M. La Follette.

American Magazine, v. 72, p. 660

(Oct.).

The ﬁrst instalment of Senator La Follette's autobiography, which he claims he wrote solely to exhibit the "struggle fora mare representative government." He here writes of his career, be ginning at the time when he was a poverty stricken lawyer, up to his service as district attorney.

Detection of Crime. "The Insurance Agent." By Harvey J. O'Higgins. McClure's, v. 37, p. 599 (Oct.). The fascinating narrative of how W. J. Burns went to Versailles,

Indiana, disguised as an

insurance

agent,

and

secured

evidence

for

Attorney-General Ketcham of the lynchings of September, 1897, in Ripley County. Railway Accidents. “Speed." By Charles Edward Russell. Hampton-Columbia's, v. 27, p. 444 (Oct.).

"The heart of the trouble with the American railroad is the way it is ﬁnanced. It is always leasant to read of the great fortunes that have en dug by a few men out of the American railroad system. It is not so pleasant to reflect that these fortunes have cost us an enormous amount in needlessly high freight rates, and have taken another toll in human life. We pay for
 * il‘lemf'lll with our pocketbooks and also with our

ives.

Latest Important Cases Carriers. Limitation of Liability for

destroyed in the ﬁre.

The two trunks

Loss of Baggage —— Subject for State Regu lation —- Interstate Commerce Law Does not Apply —Limitation Void in Absence ofExpress Contract or Assent of Passenger.

were worth $35 and $20 apiece and the

Mass. The Supreme Court of Massachusetts decided in the case of Hooker v. Boston

had awarded a verdict of $2,133.04,

& Maine R. R., 95 N. E. 945, that

notwithstanding the provision that a

suit-case $12, exclusive of the contents, which were valued at $1,904.50.

Judge Harris in the Superior Court which the Supreme Court sustained on exceptions, saying:

“The pivotal question is whether the limitation as to liability for loss of bag

railroad may not be liable for more than $100 in case of loss of a passenger's baggage, the railroad may still be liable for the full value of the baggage when the passenger knew nothing of the regu

gage transported without extra charge is a part of the passenger rate or tariff, or whether it is a subsidiary incident to

lation and did not assent to it.

ment in the fare for transportation of

The facts were as follows: The plain tiﬁ passenger in this case left Boston on September 16, 1908, to go to Lake Sunapee, N. H. Her baggage was handled by the agents of the hotel at which she was stopping in Boston and she did not receive her checks for her two trunks and a suit-case until the day after her arrival at Lake Sunapee. On Septem

ber 17 the station at Lake Sunapee was burned and the plaintiff's baggage was

the main matter of fare. We are of opinion that it is not an essential ele passengers.

Limitation of liability by

contract in case of loss has not been abolished by the interstate commerce

act. Reasonable agreements in this re gard are upheld. . . . "A rate established by a carrier and stated in its schedule as ﬁled to be de

pended upon certain limitations of lia bility can have no higher or different character than a like rate conditioned by a contract upon the same limitation