Wasserberg v. Cunard Steamship Co.

City of New York Municipal Court

Wasserberg v. Cunard Steamship Co.

8 Misc. 78, 28 N.Y.S. 520, 58 N.Y. St. Rep. 833

CourtCity of New York Municipal Court

DecidedApril 15, 1894

StatusPublished

Cited by1 cases

This text of 8 Misc. 78 (Wasserberg v. Cunard Steamship Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wasserberg v. Cunard Steamship Co., 8 Misc. 78, 28 N.Y.S. 520, 58 N.Y. St. Rep. 833 (N.Y. Super. Ct. 1894).

Pincite

Opinion

Newburger, J.

This action was brought to recover the value of certain baggage delivered to defendant at Liverpool for transportation to Hew 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 herein, 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 five dollars 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., 6 Misc. Rep. 388; 26 N. Y. Supp. 751.

The judgment must, therefore, be affirmed, with costs.

McCarthy and Conlan, JJ., concur.

Judgment affirmed, with costs.

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