Page:Federal Reporter, 1st Series, Volume 1.djvu/390

«32 FESEBAL BEF0B1EB. �absolute verîty. And in this conrt, sitting in thÎB oanse in equity, the complainant certainlj has ail the rights oî other Buitors. Motion denied> ���Muser and another v. Thë American Express Company. {Oheuit Oovtrt, 8. D. Nm York. January 24, 1880.) �OoMMOH Cabribb — Limitation ob- Liabilitt— " Lo8s or Damasb bt Fibb" — NBOLieBNCB OF AGENT. — ^A Stipulation in a reoeipt exempting an express oompany f rom liability "for any loss or damage by flre," does not relieTe such company -where such loss occurred through the negligence of a railroad company employed by the express Company to transport the goods in controversy. �Same — LrarrATioN or Liabilitt to BriPtrLATBD Smt— Real VAttrE not Dibclosed. — A stipulation in a reeeipt limitating the liability of the car- rier to a stated sum, is binding upon the shipper, in the absencs of a discloeuie m to the real value of the goods shipped. �Wallaoe, J. The plaintiffs deliyered to the American Ex- press Company, at Syracuse, N. Y., a trunk with contents of the value of $4,172 for transportation to New York city, taking a reeeipt, which, among other stipulations, contained those reading as foUows: "TJais coinpa,ny is not to be held liable for any loss or damage by fire, • * * nor in any event shall tfais company be keld liable or responsible, nor shall any demand be made upon them, beyond the sum of $50, at which sum said property is hereby valued unless the just and true value thereof is stated herein." �The value of the trunk and contents was not stated in the reeeipt, and no evidence was given to show that the agent of the defendant knew the value of the property. Through the negligence of the employes of the New York Central & Hudson River Railroad Company, which corporation was employed by the defendant to transport the property in question, the car in which the express company shipped the property for transportation to New York city was thrown from the track, and a fire ensued which destroyed the plaintiflE's trunk and contents. ��� �