Smith v. American Express Co.
Michigan Supreme Court
Error to Wayne; Lillibridge, J. • Case by Howard D. Smith against the American Express Company for the loss of a parcel intrusted to defendant for delivery. Erom a judgment for defendant on verdict directed by the court, plaintiff brings error.
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Error to Wayne; Lillibridge, J. • Case by Howard D. Smith against the American Express Company for the loss of a parcel intrusted to defendant for delivery. Erom a judgment for defendant on verdict directed by the court, plaintiff brings error. The defendant, a common carrier, on September 19, 1892, at its Detroit office, received from plaintiff a sealed package for carriage, marked, “H. D. Smith, Washington, D. C.,” receiving for such carriage 25 cents, .and delivering to the plaintiff a receipt or bill of lading, which reads as follows: “read the conditions oe this receipt. “The rates…
1Opinion of the CourtGrant, J.
(after stating the facts). The defendant’s positions are summarized as follows:(1) The receipt or bill of lading is the contract for the carriage of the package in question.(2) It is not to be construed as limiting the defendant’s liability in any way for loss or damage due to neglect or default of its employes.(3) By the safe carriage and delivery of the package to the Adams Express Company, defendant fully performed its duty under said contract.(4) No negligence is shown on the part of any one from which the loss resulted.(5) Plaintiff’s recovery is limited to $50, the limit specified in…
2Cases cited11 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Pratt v. Railway Co.Supreme Court of the United States · 1877
- Marquette, Houghton & Ontonagon Railroad v. KirkwoodMichigan Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Baehr v. DowneyMichigan Supreme Court · 1903
- Inman & Co. v. Seaboard Air Line Ry. Co.U.S. Circuit Court for the Southern District of Georgia · 1908
- Hanson v. Great Northern Railway Co.North Dakota Supreme Court · 1909
- Insurance Co. of North America v. Lake Erie & Western RailroadIndiana Supreme Court · 1899
- Fessler v. Detroit Taxicab & Transfer Co.Michigan Supreme Court · 1919
9 more not listed; retrieve them via the Exa API.