Can a licensed transfer agent be held liable for the theft of a trunk from a railway station platform?

Saskatchewan, Canada


The following excerpt is from Edwards v. Schrader, 1942 CanLII 169 (SK QB):

In Murphy v. Dunlop (1910) 17 O.W.R. 244, it was held that where a defendant, a licensed transfer agent, took a trunk to a station and left it in the station platform without anyone protecting it, and the trunk was stolen, the defendant was liable because of negligence; he should have placed it in charge of someone at the station whose duty it was to look after baggage, or left it in the baggage room.

In Benoleil v. Durocher (1897) 13 Que. S.C. 260 [Can. Abridgment, vol. 6, col. 894]: “Defendant, a local cartage agent, agreed with plaintiff to take a trunk from one station in a city to another station in the same city, and the plaintiff was to be at the latter station to receive the trunk. Defendant duly delivered the trunk to the second station, but the plaintiff was not there, so defendant left the trunk at the station and it was lost. Held, defendant had fulfilled his agreement and was not responsible * * *.”

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