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Wasserberg v. Cunard Steamship Co.

58 N.Y. St. Rep. 833 Court N.Y. City Ct. Decision date 1894-04-23 English

Delivered by Eewburger, J.

Contents

Majority

p. 833
Rosalie Wasserberg, Resp’t, v. The Cunard Steamship Company, Limited, Appl’t.
(New York City Court, General Term,
Filed April 23, 1894.)

Headnote

Carrier—Exemption.
Where, under a provision in a ticket limiting the recovery for loss of baggage to a specified sum unless the additional value was declared, the passenger pays, on demand of the company’s agent, extra freight therefor, such provision will not limit the recovery.
Owen, Gray & Sturges, for app’lt; Max Altmayer, for resp't.

This action was brought to recover the value of certain baggage delivered to defendant at Liverpool for transportation to Mew York, and claimed to have been lost. The answer of the defendant alleges that its liability, if any, for the loss of baggage is limited to five pounds sterling by reason that any value in excess of that sum was not declared. From a judgment entered upon the verdict of a jury therein, and from an order denying a motion for a new trial, this appeal is taken. The plaintiff’s testimony is that the defendant’s agent demanded from the plaintiff $5.00 for extra freight for the package, the contents of which had been disclosed to the agent, and that she paid the same and therefore the plaintiff is not limited in her recovery by the provisions in the ticket. Glovinsky v. Cunard Steamship Co., 56 St. Rep. 407 ; 26 N. Y. Supp. 751 . The judgment must therefore be affirmed with costs.

All concur.