A check shall be affixed to every package or parcel of baggage when taken for transportation by such corporation, and a duplicate thereof shall be given to the passenger delivering the same for transportation, and, if such check be refused on demand, such corporation shall pay to such passenger the sum of twenty dollars [($20.00)], to be recovered by action in any court of competent jurisdiction and in addition to the foregoing, no fare or toll shall be collected from such passenger; and if such passenger shall have paid his or her fare, he or she shall be entitled, upon demand, to a return thereof. Upon the production of such check at his or her place of destination, such passenger shall be entitled to receive his or her baggage, and if the same be not delivered within a reasonable time, he or she may be a witness in any action brought on account of such nondelivery, to prove the contents and value thereof: provided, that all actions to recover such baggage, or the value thereof, shall be barred at the expiration of three months after the same shall have accrued.

History: Laws 1878, ch. 1, ch. [tit.] 8, § 2; C.L. 1884, § 2669; C.L. 1897, § 3860; Code 1915, § 4706; C.S. 1929, § 116-307; 1941 Comp., § 74-305; 1953 Comp., § 69-3-7.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Carriers §§ 1222, 1234.

Extra or excess baggage, 2 A.L.R. 109.

Carrier's liability in respect to baggage checked in parcel room, 7 A.L.R. 1234, 27 A.L.R. 157, 37 A.L.R. 762.

Regulation by public service commission as to checking and handling of baggage, 21 A.L.R. 323.

Liability of carrier for baggage not accompanied by passenger, 23 A.L.R. 1446.

Responsibility of carrier for acts or omission of red caps or porters other than train employees, 59 A.L.R. 126.

Discrimination by carrier between passengers as regards checking and handling of baggage, 59 A.L.R. 329.

Tort liability of master for theft by servant, 15 A.L.R.2d 829, 39 A.L.R.4th 543.

Railroad carrier's liability for loss of baggage or effects accompanying passenger, 32 A.L.R.2d 630.

Liability of carrier for loss of passenger's baggage or packages, 68 A.L.R.2d 1350.

13 C.J.S. Carriers §§ 499, 502.