Eckerd's Columbia, Inc. v. Moore

Banke, Judge.

This appeal is from a jury verdict and judgment for the plaintiff in an action alleging fraud in the loss of five rolls of exposed film.

Upon returning from a European trip, the plaintiff took the film to the defendant’s store and, as she surrendered her film for processing, informed the clerk that the pictures were very precious to her. The clerk responded, “Oh, don’t worry, we never lose any film.” The receipts for her film had imprinted on them the words, “Responsibility for loss or damages limited to cost of film before exposure.” The plaintiff argued that the defendant was…