Falkenau v. Fargo
The Superior Court of New York City
Verdict for plaintiff. Judgment suspended, and exceptions to be heard in the first instance at General Term. The action was brought to recover the value of a package of jewelry belonging to the plaintiffs, and delivered by them to the American Merchants Union Express Company, to be transported and delivered by said company to A. B. Van Cott, plaintiffs’ agent at Milwaukee, Wis., but which, owing to the negligence of the company, never reached its place of destination.
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Verdict for plaintiff. Judgment suspended, and exceptions to be heard in the first instance at General Term. The action was brought to recover the value of a package of jewelry belonging to the plaintiffs, and delivered by them to the American Merchants Union Express Company, to be transported and delivered by said company to A. B. Van Cott, plaintiffs’ agent at Milwaukee, Wis., but which, owing to the negligence of the company, never reached its place of destination. The answer admitted the receipt of the package, but denied the allegations of the complaint as to contents and value, and the…
1Opinion of the Court
By the Court.—Freedman, J.
The plaintiffs in this action are not in a position to claim the benefit of the doctrine, that a common carrier cannot secure a limitation or restriction of his common-law liability, by a mere notice endorsed upon or incorporated in his receipt, and that such notice is, at most, only a proposal for a special contract, which requires the assent of the shipper to its terms. According to the evidence, the plaintiffs had in their possession a blank receipt for the transportation of merchandise, which contained the name of the American Merchants Union Express Company, as…
2Cases cited4 opinions
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Breese v. United States Telegraph Co.New York Supreme Court · 1866
- Simmons v. LawNew York Court of Appeals · 1866
3Cited by1 opinion
- Pacific Express Co. v. FoleySupreme Court of Kansas · 1891