Legal Opinion
Barbizon Corp. v. Lock-Air Delivery, Inc.
Civil Court of the City of New York
Decided June 5, 1964PublishedCited by 1 opinion
1Opinion of the CourtSamuel A. Spiegel, J.
This is an action to recover damages in the sum of $712.41 for the loss of 1 carton of goods delivered to defendant. It was conceded by defendant that it received 11 cartons consigned to plaintiff and that it lost 1 carton.
The defendant has affirmatively pleaded that its liability is limited by contract to $50.
There can be no doubt that the shipment is intracity. Consequently, the rights of the parties are to be determined by the common law of this State rather than the Interstate Commerce Act or the Public Service Law of the State of New York.
As to the validity and public policy of limiting…
2Cases cited7 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Union Pacific Railroad v. BurkeSupreme Court of the United States · 1921
- Burke v. . Union Pacific R.R. Co.New York Court of Appeals · 1919
- Greenwald v. . BarrettNew York Court of Appeals · 1910
- National Blouse Corp. v. FelsonAppellate Division of the Supreme Court of the State of New York · 1948
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- American Machine & Foundry Co. v. Santini Bros.New York Supreme Court · 1967