Steers v. Liverpool, New York & Philadelphia Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiff, entered upon an order overruling defendant’s exceptions and directing a judgment upon verdict. This action was brought to recover the value of a trunk and its contents.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiff, entered upon an order overruling defendant’s exceptions and directing a judgment upon verdict. This action was brought to recover the value of a trunk and its contents. On or about the 5th day of June, 1869, plaintiff took passage in the steamer “ City of Paris,” belonging to the defendant, for Liverpool, under a passage ticket purchased by plaintiff’s agent, delivered a day or two before the steamer sailed, containing the following clause in print upon the face, in type smaller than…
1Opinion of the Court
Johnson, C.
In the case of Belger v. Dinsmore (51 N. Y., 166) it was decided that in the absence of fraud, concealment or improper practice, the legal presumption is that stipulations limiting the common-law liability of common carriers, contained in a receipt given by them for freight, were known and assented to by the party receiving it. In that case the decision in Blossom v. Dodd (43 N. Y., 264) was examined and shown to be entirely consistent with the conclusion arrived at. I do not perceive any distinction growing out of the fact, that in the case before us the subject was the…
2Cases cited4 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Blossom v. . DoddNew York Court of Appeals · 1870
- Cochran v. . DinsmoreNew York Court of Appeals · 1872
3Cited by50 opinions
- Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Donlon Bros. v. Southern Pacific Co.California Supreme Court · 1907
- Germania Fire Insurance v. Memphis & Charlestown RailroadNew York Court of Appeals · 1878
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