Culbreth v. . Martin

103 S.E. 374, 179 N.C. 678, 1920 N.C. LEXIS 315

• Court: Supreme Court of North Carolina
• Decided: June 2, 1920
• Status: Published

Opinion

Brown, J.

It is admitted tbat there is a limitation of liability to $100, but the plaintiff contends tbat under the act of Congress of 4 March, 1915, known as the Cummings Amendment, the plaintiff is entitled to recover the full amount of damages of $700. It appears tbat tbis statute was amended on 9 August, 1916, cb. 301, 39 Statute L, 441, as follows: “Provided, however, tbat the provisions hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or representation, or agreement, or a lease as to value, and declaring any such limitation to be unlawful and void, shall not apply, first, to baggage carried on passenger trains or boats or trains, or boats carrying passengers,” etc., and in said amendment it is provided tbat the carrier might limit its liability by filing schedules with the Interstate Commerce Commission, as was done in tbis case.

We agree with tbe judge below tbat tbe act of Congress of 4 March, 1915, as amended, expressly exempts baggage from its provisions, requiring tbe payment of full actual damage in case of loss of baggage. Tbe limitation of liability of one hundred dollars contained in tbe tariff filed with Interstate Commerce Commission and duly approved by tbe Director General, in effect at tbe time of tbe loss of tbe baggage, governs tbis case and restricts tbe plaintiff’s recovery to $100.

Tbe judgment of tbe Superior Court for $100 is

Affirmed.