Limburger v. Westcott
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover of the defendants, as carriers, under the name of “Westcott’s Express,” the sum of $300 for the loss of the plaintiff’s baggage. The defendants set up as a defense, a special contract, limiting their liability to $100, in case of loss.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover of the defendants, as carriers, under the name of “Westcott’s Express,” the sum of $300 for the loss of the plaintiff’s baggage. The defendants set up as a defense, a special contract, limiting their liability to $100, in case of loss. On the trial before the referee, Eobert F. Westcott being duly sworn as a witness on the part of the defendants, testified: “I am superintendent of Westcott’s Express, and have been since 1861. (Exhibit A shown witness.) This is a receipt for baggage ; it is issued by…
1Opinion of the CourtClerks, J.
We have frequently decided, in conformity with the weight of authority, in this state, that a common carrier cannot limit his liability by a memorandum or note on the card or ticket which he delivers on the receipt of goods to be transported by him. Nothing more than this occurred in the present case ; and undoubtedly the referee was correct in deciding that the indorsement on the back of the card, delivered by the defendants to the servant of the plaintiff, did not amount in law to a special contract, which. alone could limit their liability. The referee adopted the correct rule as to the…
2Cited by8 opinions
- Grossman v. DoddNew York Supreme Court · 1892
- Strong v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Mauritz v. New York, L. E. & W. R. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1884
- Fillebrown v. Grand Trunk Railway Co.Supreme Judicial Court of Maine · 1867
- Sunderland v. WestcottThe Superior Court of New York City · 1870
3 more not listed; retrieve them via the Exa API.