Powell v. Hines, 180 N.C. 665 (1920)

Nov. 4, 1920 · Supreme Court of North Carolina

180 N.C. 665

MARY LOU POWELL v. WALKER D. HINES, Director General, and ATLANTIC COAST LINE RAILROAD COMPANY.

(Filed 4 November, 1920.)

Carriers of Passengers-^-Baggage — Government Control — -Director General —Damages—Rules.

Tbe rule of tbe Director General limiting tbe amount of tbe recovery for lost baggage, etc., to one hundred dollars, botb in intrastate and interstate commerce, on railroads under Government control, is valid and enforceable.

Appeal by plaintiff from Guión, J., at tbe April Term, 1920, of Columbus.

Tbis is an action to recover tbe value of certain baggage.

Tbe plaintiff was a passenger on tbe railroad, wbicb was in tbe management of tbe Director General of Railroads, on a trip from Durham, N. 0., to Cbadbourn, N. C. Sbe arrived at Cbadbourn witb ber suitcase, and there, in some manner unknown, and while in tbe possession of tbe railroad owned by tbe Atlantic Coast Line Railroad Company, it was lost, and it is admitted that tbe suitcase and contents were worth $320.5'!. Tbe defense set up by tbe defendants was that tbe plaintiff was in no event entitled to recover more than $100. Tbis was on account of tbe fact that on 25 May, 1918, tbe Director General of Railroads, by virtue of an act of Congress, promulgated a general order increasing freight rates and laying down certain rules witb reference to baggage tariffs, wbicb was duly filed witb tbe Interstate Commerce Commission, in accordance witb law, and promulgated rules governing transportation of such baggage, and limiting tbe recovery to $100 except in certain cases, not material to tbis action.

His Honor rendered judgment against tbe Director General for $100, and dismissed tbe action against tbe railroad, and tbe plaintiff appealed, contending that sbe was entitled to judgment against botb defendants for $320.57.

Walter PL. Powell for plaintiff.

George Rountree for defendant.

Pee Cubiam.

.'The authority of tbe Director General to promulgate tbe order limiting tbe recovery for loss of baggage to $100 on intrastate as well as interstate transactions is fully sustained by No. Poe R. R. v. North Dakota, 250 U. S., 135, and that tbe plaintiff is entitled to judgment against tbe railroad for $100 is decided at tbis term in McGovern & Co. v. R. R., and cases there cited.

Tbe plaintiff will pay tbe costs of tbe Director General in tbis Court, and will recover all other costs of tbe railroad.

Modified and affirmed.