Adams Express Co. v. Hoeing
Court of Appeals of Kentucky
Case 58 — PETITION ORDINARY — APPEAL PROM PAYETTE CIRCUIT COURT. 1. A shipper who stipulates that a package sent by express does not exceed in value a certain sum, and pays for transportation upon such basis, is estopped, in case of loss, to allege a greater value. (Hart v. Penn. R. It. Co., 112 U. S., 331; Belger v. Dinsmore, 51 N. Y., 166 ; Lawson on Contract of Carriers, sections 86, 88; Adams Express Co. r.
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Case 58 — PETITION ORDINARY — APPEAL PROM PAYETTE CIRCUIT COURT. 1. A shipper who stipulates that a package sent by express does not exceed in value a certain sum, and pays for transportation upon such basis, is estopped, in case of loss, to allege a greater value. (Hart v. Penn. R. It. Co., 112 U. S., 331; Belger v. Dinsmore, 51 N. Y., 166 ; Lawson on Contract of Carriers, sections 86, 88; Adams Express Co. r. Nook, 2 Duvall, 562.) 2. In an action against a carrier for failure to deliver, the measure of damages is the fair market value of the goods at the place of destination. (Sedgwick on…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This action involved the liability of the Adams Express Company for the loss of a package received from the appellee by that company to be delivered in the city of New York to Julius Bien & Co. The printed stipulations of the receipt for its delivery relieve the company from liability, except for fraud or gross negligence, and limit its liability to the sum of fifty dollars as the value of the article, unless otherwise expressed. On the trial in the circuit court, the loss of the package having been admitted and the company tendering the fifty…
2Cited by6 opinions
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- Louisville & Nashville Railroad v. OffuttCourt of Appeals of Kentucky · 1896
- Galveston, Harrisburg & San Antonio Railway Co. v. BallTexas Supreme Court · 1891
- Atchison, Topeka & Santa Fe Railway Co. v. SmytheCourt of Appeals of Texas · 1909
- Yeager v. DickersonCourt of Appeals of Kentucky · 2013
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