Bates v. Weir
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Levi 0. Weir, as president, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 24th day of August, 1906, upon the'report of a referee. ■ Plaintiff, owning certain valuable lace, delivered the same to a cleaner in the city of New York, who afterward shipped the same by the defendant-express company .addressed to the" plaintiff in a box not indicating the nature of the…
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Appeal by the defendant, Levi 0. Weir, as president, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 24th day of August, 1906, upon the'report of a referee. ■ Plaintiff, owning certain valuable lace, delivered the same to a cleaner in the city of New York, who afterward shipped the same by the defendant-express company .addressed to the" plaintiff in a box not indicating the nature of the contents and without stating its value. Twenty-five cents was paid for expressage- and the • defendant’s receipt…
1DissentRich, J.
I am of the opinion that the wording of the limitation clause in the receipt given Mrs. O’Dell, upon which exemption from liability is predicated, is such as to bring this case within the operation of the rule declared by the Court of Appeals in Mynard v. Syracuse, etc., R. R. Co. (71 N. Y. 180), cited with approval in Rathbone v. N. Y. C. & H. R. R. R. Co. (140 id. 51); Gillet v. Bank of America (160 id. 555); Marshall v. Com. Trav. Mut. Acc. Assn. (170 id. 438), and by this court in Galloway v. Erie Railroad Co. (107 App. Div. 210), that the exemption from liability (under a clause…
2Cases cited2 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Galloway v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905