Blossom v. . Dodd
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial district, setting aside a judgment entered upon the report of a referee and granting a new trial. This action was brought to recover for baggage of the plaintiff" lost by the defendant. The defendant was the president of Dodd’s express, a joint stock company, doing business in the city of New York and its vicinity.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial district, setting aside a judgment entered upon the report of a referee and granting a new trial. This action was brought to recover for baggage of the plaintiff" lost by the defendant. The defendant was the president of Dodd’s express, a joint stock company, doing business in the city of New York and its vicinity. On the 17th of October, 1866, the plaintiff was a passenger on a train of cars, which was proceeding to New York on the New Jersey Central railroad. When the train was nearly at the end of its…
1Opinion of the Court
Church, Ch. J.
The common-law liability of common carriers cannot be limited by a notice, even though such notice be brought to the knowledge of the persons whose property they carry. (Dorr v. N. J. Steam Navigation Co., 1 Kern., 485.) But such liability may be limited by express contract. (Id.; Bissell v. N. Y. Central R. R. Co., 442; French v. Buffalo, N. Y. and Erie R. R. Co., 4 Keyes, 108.)
The principal question in this case is, whether there was a contract made between the parties limiting the liability of the defendants to a loss of $100 for the valise and its contents, which the…
2Cases cited3 opinions
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- French v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1868
- Prentice v. DeckerNew York Supreme Court · 1867
3Cited by57 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
- Kirkland v. . DinsmoreNew York Court of Appeals · 1875
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- Klar v. H. & M. Parcel Room, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
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