Holmes v. North German Lloyd Steamship Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 20, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a 1R7- The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 20, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a 1R7- The nature of the action and the facts, so far as material, are stated in the opinion. By accepting the contract ticket and failing to declare the excess value of her luggage and paying freight thereon the plaintiff precluded herself from claiming more than $100. (Steers v. L., N. Y. & P. S. S. Co., 57 N. Y. 1; Wheeler v. O. S. N. Co., 72 Hun, 5 ; Belger v.…
1Opinion of the Court
Cullen, Ch. J.
This action was brought to recover damages for the loss' of two suit cases under the following circumstances: The plaintiff and her daughter were cabin passengers in one of the appellant’s steamers sailing for Europe on the 17th of- September, 1903. The passage ticket was purchased some twenty days prior to the date of sailing and from that time was in the possession of the plaintiff. The ticket contained the following provision printed on its face: “ It is mutually agreed that this ticket is issued by the Morth German Lloyd S. S. Co. and accepted by the passenger on the…
2Cases cited4 opinions
- Powell v. MyersNew York Supreme Court · 1841
- Merrill v. . GrinnellNew York Court of Appeals · 1864
- Carpenter v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1891
- Adams v. . New Jersey Steamboat Co.New York Court of Appeals · 1896
3Cited by19 opinions
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Hasbrouck v. New York Central & Hudson River RailroadNew York Court of Appeals · 1911
- Scire v. American Export Lines, Inc.New York Supreme Court · 1949
- Booker v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1923
- The CreticDistrict Court, D. Massachusetts · 1914
14 more not listed; retrieve them via the Exa API.