Darnana v. La Compagnie Générale Transatlantique

Appellate Terms of the Supreme Court of New York

Darnana v. La Compagnie Générale Transatlantique

114 N.Y.S. 118

Appellate Terms of the Supreme Court of New York·Decided January 15, 1909·Published

Opinion

PER CURIAM.

The plaintiff was bound by the limitation of damages for the loss of baggage, as expressed upon the passenger’s ticket for an ocean voyage, notwithstanding that the terms of the -limitation were not directly brought to his attention (Tewes v. North German Lloyd S. S. Co., 186 N. Y. 151, 78 N. E. 864, 8 L. R. A. [N- .S.] 199), and the judgment should be reduced to the sum of $60, in accordance with the defendant’s concession of liability at the trial.

Judgment modified, by reducing same to the sum of $60, with ap- ' propriate costs in the court below. Costs of this appeal to appellant, which costs are to be set off against the plaintiff’s recovery.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The plaintiff was bound by the limitation of damages for the loss of baggage, as expressed upon the passenger’s ticket for an ocean voyage, notwithstanding that the terms of the -limitation were not directly brought to his attention (Tewes v. North German Lloyd S. S. Co., 186 N. Y. 151, 78 N. E. 864, 8 L. R. A. [N- .S.] 199), and the judgment should be reduced to the sum of $60, in accordance with the defendant’s concession of liability at the trial.

Judgment modified, by reducing same to the sum of $60, with ap- ' propriate costs in the court below. Costs of this appeal to appellant, which costs are to be set off against the plaintiff’s recovery.

Darnana v. La Compagnie Générale Transatlantique, 114 N.Y.S. 118 (N.Y. Ct. App. 1909).

Pincite

114 N.Y.S. 118 (Darnana v. La Compagnie Générale Transatlantique) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related