Berger v. 34th Street Garage, Inc.

The sole question presented in this appeal by permission of the Appellate Division, First Department (3 A D 2d 661) is whether, on the facts of this record, a sub-bailee has the benefit of the limited liability enjoyed by the original bailee.

The issue arose out of the following circumstances:

The plaintiff is a local expressman engaged in the business of picking up merchandise from various shippers for delivery to connecting carriers for transportation to points outside the city of New York under contracts limiting plaintiff’s liability to the sum of $50 for each shipment. In the late…