Rosenthal v. . Weir
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 23, 1900, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 23, 1900, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The limit of responsibility undertaken by the defendant as a carrier of the goods in question is defined by the bill of lading, under which in no event could plaintiffs recover in excess of fifty dollars, the agreed value of the goods. (Belger v. Dinsmore, 51 N. Y.…
1Opinion of the CourtGray, J.
The plaintiffs, on March 31, 1897, sold to Goldsmith & Co., in Dallas, Texas, certain silk goods and delivered them to the Adams Express Company for carriage to the buyers. They received a bill of lading from the express company ; which, among other things, provided that it should not be liable for loss or damage'“ from any cause whatever, unless, in every case, the same be proved to have occurred from the fraud or gross negligence of said express company, or their servants; nor, in any event, shall the holder thereof demand beyond the sum of fifty dollars, at which the above property…
2Cases cited2 opinions
- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Jones v. EarlCalifornia Supreme Court · 1869
3Cited by15 opinions
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
- State Ex Rel. Port of Seattle v. Department of Public ServiceWashington Supreme Court · 1939
- Bernard v. Adams Express Co.Massachusetts Supreme Judicial Court · 1910
- Greenwald v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
- Rummell v. . BlanchardNew York Court of Appeals · 1915
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