Merrill v. Pacific Transfer Co.
California Supreme Court
The prayer of the complaint was for judgment for the same sum, with interest, which was alleged in the complaint to be the reasonable value of the trunk and its contents, a schedule of which contents was attached to the complaint, showing that the trunk contained valuable jewelry and numerous other articles of value.
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The prayer of the complaint was for judgment for the same sum, with interest, which was alleged in the complaint to be the reasonable value of the trunk and its contents, a schedule of which contents was attached to the complaint, showing that the trunk contained valuable jewelry and numerous other articles of value. The original complaint alleged a total value of nine hundred and fifty dollars and sixty cents, which was changed hy amendment to one thousand and fifty dollars. Further facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
This action is brought by plaintiff, assignee of his wife, to recover from the defendant, a common carrier, damages for its failure to deliver a trunk and its contents. In its answer defendant denied that the loss of the trunk was occasioned through its negligence, and further as a special defense pleaded a contract for the carriage of the trunk by which the limitation of liability for its loss was one hundred dollars, and offered to allow plaintiff to take judgment for one hundred dollars in compensation for his injury. The case was tried before the court and a jury, and a verdict rendered…
2Cases cited6 opinions
- Kirkland v. . DinsmoreNew York Court of Appeals · 1875
- Pierce v. Southern Pacific Co.California Supreme Court · 1898
- Madan v. . SherardNew York Court of Appeals · 1878
- City & County of San Francisco v. PennieCalifornia Supreme Court · 1892
- Thompson v. DekumOregon Supreme Court · 1898
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3Cited by29 opinions
- Krause v. RarityCalifornia Supreme Court · 1930
- Malone v. ClemowCalifornia Court of Appeal · 1931
- Sullivan v. RichardsonCalifornia Court of Appeal · 1931
- Walther v. Southern Pacific Co.California Supreme Court · 1911
- Hischemoeller v. National Ice & Cold Storage Co.California Supreme Court · 1956
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