Michael v. Trailways of New England, Inc.

Mass. Dist. Ct., App. Div.

Michael v. Trailways of New England, Inc.

29 Mass. App. Dec. 207

CourtMassachusetts District Court, Appellate Division

DecidedJune 29, 1964

DocketNo. 90219

StatusPublished

This text of 29 Mass. App. Dec. 207 (Michael v. Trailways of New England, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michael v. Trailways of New England, Inc., 29 Mass. App. Dec. 207 (Mass. Ct. App. 1964).

Pincite

Opinion

Per curiam:

In this action of contract the plaintiff seeks to recover $225.00 damages sustained by her as the result of a loss of personal property which she shipped via the defendant. The [208]*208defendant maintains that its liability is limited to $25.00 by reason of tariff schedules filed by it and on its behalf with the Interstate Commerce Commission.

Andrew J. Palmer, of Boston, for the Plaintiff. Edward F. Hennessey & Raymond J. Kenney, Jr., both of Boston, for the Defendant.

While the trial judge correctly ruled that the provisions in the tariffs so filed are binding on the plaintiff irrespective of her lack of knowledge of the limits of liability contained therein, B & M RR. Co. v. Hooker, 233 US 97, he erroneously made a finding for the defendant.

It is ordered that the finding for the defendant be vacated and a finding and judgment be entered for the plaintiff in the amount of $25.00.

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