The Principles of the American Law of Bailments a Companion to the Authors Wor
The Principles of the American Law of Bailments a Companion to the Authors Wor
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"by any stipnlation or limitation ex- Am. 158; 2 Am. Rep, 719. Pressed in the receipt given for the 226 CH. XII. ] MODIFICATION OF LIABILITY. § 150 § 150. Baggage Checks. — The courts have stead- ily refused to baggage receipts or checks, the standing which bills of lading have been able to obtain.^ In a well considered case in New York, ^ a baggageman came into the car where plaintiff was, to whom he gave up his railroad check, and received a printed receipt without knowing anything of its con...tents, which he folded and put in his pocket without reading. On the receipt was printed "Domestic bill of lading, " and it purported to be a contnact relieving the carrier from liability beyond |100 in certain specified cases, among others a loss or detention through his negligence, un- less the baggage was specially insured. It was held that the plaintiff was not bound by the limitation. "No court, " said Curtis, C. J. , "holds that a traveler receiving a receipt of this nature, and under like cir- cumstances where it is impossible to read it, and no intimation is given him of its embracing a contract, is bound by such contract.
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