H. R. Mallison & Co. v. Barrett

Appellate Terms of the Supreme Court of New York

H. R. Mallison & Co. v. Barrett

124 Misc. 358, 207 N.Y.S. 793, 1925 N.Y. Misc. LEXIS 636

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 8, 1925

StatusPublished

This text of 124 Misc. 358 (H. R. Mallison & Co. v. Barrett) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

H. R. Mallison & Co. v. Barrett, 124 Misc. 358, 207 N.Y.S. 793, 1925 N.Y. Misc. LEXIS 636 (N.Y. Ct. App. 1925).

Pincite

Opinion

Per Curiam:

The Second Cummins Amendment (39 U. S. Stat. at Large, 441, 442, chap. 301), referred to in points of counsel, did not affect the right of a carrier to have a partial loss prorated in accordance with the terms of its contract with the shipper limiting its liability upon the basis of the declared value of the property.

There was a stated ratio of recovery in case of partial loss or damage, and the plaintiff’s loss herein must be limited to the value of the lost case as declared at the rate of fifty cents per pound. (Western Transit Co. v. Leslie & Co., 242 U. S. 448; Kansas City Southern R. Co. v. Carl, 227 id. 639.)

The judgment for the plaintiff is, therefore, modified by reducing it to the sum of sixty-four dollars and fifty cents, with interest, and costs, and as thus modified affirmed, with twenty-five dollars costs to the appellant; costs to be set off against the judgment.

All concur; present, Guy, O’Malley and Levy, JJ.

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