The liability of a carrier of passengers for the baggage of a passenger delivered to him, is that of a common carrier.16 He will therefore, only be excused from the loss thereof, or injury thereto, when such loss or damage was caused by an act of God, or of the public enemy, or of the shipper, or was due to an inherent defect in the goods themselves.17 The burden is on the carrier to show that the loss was by an excepted cause.18 This general liability of the carrier exists whether the bagagge is carried on the same train with the passenger or not.

The same general rules as to the limitation of

16 Merrill vs. Grinnell, 30 N. Y., 594; Walsh vs. The H. M. Wright, Newb. Abr., 494, 29 Fed. Cas. No. 12, 115.

17 McCormick vs. Pennsylvania liability, by the carrier, apply in the case of carriers of passengers as in the case of common carriers. Any limitation assented to by the passenger, and which is not illegal, and does not go to the extent of relieving the passenger from responsibility for his own negligence, is valid. Public notices are not binding except to the same extent as in the case of the common carriers. The practically universal custom of common carriers at the present time is to restrict their liability for baggage to liability for those articles which are naturally and properly necessary for the use of the passenger on his journey.

Cent. R. Co., 80 N. Y., 336.

18 Toledo, etc., R. Co. vs. Tapp, 5

Ind. App., 304, 33 N. E., 462.