Legal Opinion

Emily Shops, Inc. v. Inter-State Truck Line, Inc.

New York Supreme Court

Decided February 1, 1955PublishedCited by 7 opinions

1Opinion of the CourtCorcoran, J.

The parties have stipulated to all of the facts in this case.

The defendant is a common carrier by motor vehicle in interstate commerce and is a member of the Middle Atlantic States Motor Carrier Conference, Inc. It is a participating carrier in the tariffs filed with • the Interstate Commerce Commission by that conference.

The plaintiff delivered merchandise to the defendant in New York to be delivered to the plaintiff in Pennsylvania. The bill of lading contained a release of value under the terms of which the “ carrier will not assume any liability in excess of 50 cents per pound, or 50…

2Cases cited1 opinion

  1. Union Pacific Railroad v. BurkeSupreme Court of the United States · 1921

3Cited by7 opinions

  1. Acro Automation Systems, Inc. v. Iscont Shipping Ltd.District Court, D. Maryland · 1989
  2. First National Bank & Trust Co. v. Consolidated FreightwaysDistrict Court, E.D. Pennsylvania · 1992
  3. New York & Honduras Rosario Mining Co. v. Riddle Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
  4. Emerson Electric Supply Co. v. Estes Express Lines Corp.District Court, W.D. Pennsylvania · 2004
  5. Emily Shops, Inc. v. Inter-State Truck Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1955

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