192 Misc. 143 | City of New York Municipal Court | 1948
This is an action by the plaintiff to recover the value of certain household goods which the plaintiff turned over to the defendant for storage in New York. Several weeks later, at the plaintiff’s request, the defendant acting as a carrier, transported the goods to the plaintiff’s home in Connecticut. Because I thought, contrary to the defendant’s contention, that the defendant was liable as carrier and that it had not effected any limitation of its liability as carrier, I put to the jury the only issue I believed to be open — the amount of the plaintiff’s loss. There was a verdict for the plaintiff and the question of the correctness of my ruling is now before me.
It is, of course, true that there is nothing to show when the plaintiff’s household goods were lost and damaged, nothing to show whether the loss and damage occurred while they were in the defendant’s possession first as warehouseman 'or later
As. carrier the defendant’s liability, of course, is absolute unless it gave the plaintiff an opportunity to yield some of her rights against it by making an agreement of the kind permitted by the laws relating to interstate transportation of goods. (Carmack amendment, as amd. by the two Cummins amendments ; U. S. Code, tit. 49, § 20, subd. [11]; Motor Carrier Act of 1935; U. S. Code, tit. 49, § 319; Union Pacific Railroad Co. v. Burke, 255 U. S. 317, 321.)
The defendant says that the goods were carried at a lower rate and -that its liability was correspondingly limited, that the