Smith v. New York, Ontario & Western Railroad

At the trial of this case before the court without a jury the parties stipulated the facts, the material part of which is as follows: Plaintiff was a retail dealer in coal at Fulton, N. Y.; on December 2, 1920, he purchased from the Lehigh Valley Sales Company a carload of coal containing approximately 40.152 tons, which was shipped from Coxton, Penn., to be delivered at Fulton by the defendant. The bill of lading provided that “ the amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property at the place and time of shipment under…