Klein

This appeal is from a judgment in favor of defendant in an action for damages for the failure to promptly deliver a trunk shipped as baggage on one of defendant’s trains.

The plaintiff herein is a manufacturing jeweler, with his place of business in San Francisco. During certain periods of the year it was his custom to manufacture certain lines of jewelry and at other seasons to take the manufactured product and sell the same to the trade in various cities. At the time in question plaintiff purchased a ticket to Chicago and presented his trunk for shipment as baggage to the defendant at San Francisco, paying $7.21 for sixty pounds overweight. The trunk was a combination wardrobe and sample trunk and contained articles of jewelry manufactured for sale in Chicago and other eastern cities. It does not appear that the baggageman knew the contents of said trunk. The trunk went forward on the right train but the baggage agent had placed the wrong tag upon the trunk and it went to the destination of another passenger at New London, Connecticut, while the baggage of the other passenger went to plaintiff’s destination, Chicago. Plaintiff stayed about four days in Chicago endeavoring to…