Mavis Hosiery Co. v. Pennsylvania Transportation Co.

The plaintiff has not established that the shipment moved over a route other than the one usually followed by the defendant’s trucks. It has, therefore, failed to establish a deviation from the defendant’s Unes. (Goetze & Co. v. Beam’s Owm, Inc., 199 N. Y. Supp. 790.)

Leaving the truck unguarded was an act of negligence which is chargeable to the defendant. But a limitation of the amount of liability, as distinguished from a limitation of liability, is valid even though negligence is not expressly mentioned. (Boyle v. Bush Terminal R. R. Co., 210 N. Y. 389.)

The question is resolved, therefore,…