191 Mass. 27 | Mass. | 1906
The rules of law applicable to this case are well settled. A common carrier may limit its liability in case of loss by stipulations concerning the value of the property which it undertakes to convey; but this stipulation must be brought home to the knowledge of the shipper under such circumstances that his assent to it can fairly be assumed to have been given. And if he accepts and acts upon it without dissent he will be presumed to have agreed to it. Graves v. Adams Express Co. 176 Mass. 280, 282, and cases cited. It is possible, but we think not probable, that' the case was decided upon this ground.
A better ground to rest the decision upon is that there was evidence of ratification by the manager of the defendant company of the act of Green, the defendant’s clerk. There was evidence that Green said to the treasurer of the plaintiff
Exceptions overruled.