Lowder

Plaintiff sued to recover for the loss of personal property entrusted to the defendant for transfer as a common carrier. Plaintiff had judgment for $238.50, but, being dissatisfied with the amount awarded, has appealed on the judgment-roll alone.

The trial court found that the plaintiff delivered to defendant a suitcase containing various articles of wearing apparel and personal belongings of the reasonable value of $817.50; that the suitcase and its contents were lost through the negligence of the defendant; that the defendant was not informed that the suitcase contained money or papers of value, or that it contained silverware, silk, or any valuable writings. Prom the conclusions of law it appears that the sum of $238.50 covered the “reasonable and fair market value of all the articles of personal property . . . except those articles which consisted of silk, silver in a manufactured or unmanufactured state, money and other papers of value.”

The appellant claims that the trial court erred in refusing to allow for the loss of the silk clothing and the purse containing money. As to the first item, it is argued that the statute covers “silk” only and does not include clothing made…