57 N.Y. 1 | NY | 1874
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *3
In the case of Belger v. Dinsmore (
Assuming then that we have in the paper in question the contract of the parties, the first inquiry which arises under it relates to the following clause: "Twenty cubic feet of *6
luggage is allowed to each passenger, free of charge, in consideration of which it is agreed, that the company are not to be held liable or responsible for any loss or damage thereto, in any sum, except where the same shall have been proven to have occurred from gross negligence of said company or their servants." While the cases of Belger v. Dinsmore, before cited, and Cochran v. Dinsmore (
The clause of the contract before cited, was immediately followed by the following provisions: "Nor in any event shall the passenger demand beyond the sum of fifty dollars, at which said baggage is hereby valued, unless a bill of lading or receipt be signed therefor, specifying the articles and their respective values." Under this provision the case of Belger v. Dinsmore (above cited) is a direct adjudication that the recovery could not, in the absence of a bill of lading or such a receipt as the contract called for, go beyond the sum of fifty dollars.
The contract contained likewise the further provision, "that *7 money, jewelry and all valuables, are entirely at the passenger's own risk, unless placed in the company's charge, and a bill of lading or receipt signed therefor." A part of the recovery which was had, was for jewelry and silverware contained in the trunk, which, of course, came within the terms of the contract just cited. While it is quite true that all these articles were suitable to the plaintiff's station in life and not unsuitable to be carried as part of her baggage on her journey, yet that cannot be allowed to relieve her from the duty of conforming to the requirements of the defendant's contract, or relinquishing her recourse to it to make good her loss.
To the position that the courts of New York have no jurisdiction of this action as being of maritime jurisdiction exclusively, it is a sufficient answer to say, that the question not having been raised in the courts below, it cannot now be raised and decided here; and any opinion which we should express on it would be obiter. (Vose v. Cockcroft,
The judgment must be reversed and a new trial ordered, costs to abide the event.
All concur.
Judgment reversed.