75 F. 370 | U.S. Circuit Court for the District of Eastern Pennsylvania | 1896
The defendant, consenting to a verdict in the plaintiff’s favor, for the sum named in the ticket in evidence, ÍJí 150, asked the court to charge, substantially, that the verdict should he for that sum and no more. The court reserved its answer to this request, and instructed the jury to ascertain whether ihe defendant had heen guilty of negligence leading io the loss, as the plaintiff charges; and if they found such negligence to render a verdict for the plaintiff equal to the value of the trunk and its contents, with interest, together with such additional sum as would compensate the plaintiff for the time and labor necessarily devoted to replacing the property lost. The jury found for the plaintiff in 8528.23; whereupon the defendant moved for judgment on The point reserved, and also for a new trial.
Under the defendant’s original obligation, as carrier I entertain no doubt that it would have been liable only according to the provisions of the New Jersey statute, which it invokes. Brown v. Railroad Co., 83 Pa. St. 316. The requirements of the statute as respects notice were fully complied with: The plaintiff sues, however, not on the obligation as canier, but on the defendant’s alleged obligation as warehouse keeper, which arose, as is charged, after the trank reached its destination at Plainfield. Until the plaintiff had been afforded reasonable time to remove her baggage, the obligation as canier continued. Had she called for it within a'short
As respects the limitation of liability stated in the ticket; I think it cannot well be doubted, under the decisions, that it is ineffectual, in the absence of evidence that the plaintiff’s attention was especially called to it. It was inserted presumably as a compliance merely with the provisions of the statute, and under the circumstances has no independent effect. The rule for judgment on the point reserved must therefore be dismissed.
The only additional matter urged in support of the rule for new trial is, in substance, that there is no evidence of negligence in the defendant, which contributed to the loss. I think however there is evidence from which the jury might find such negligence; and the charge of the court refers to it. Of course it cannot be known where the check was changed by substituting another; and the jury was at least justified in finding that it was done while the trunk remained on the platform after night,- or that seeing it there exposed led to its being done elsewhere. The defendant’s rule for new trial must be dismissed also.
The plaintiff too entered a rule for new trial, on the ground substantially that she was confined to a recovery for the value of the property lost, with interest, and of the time and labor expended in acquiring similar property in its stead. I cannot sustain the complaint made on this account. The plaintiff is entitled to compensation for the loss resulting directly from the negligence complained of—
I intended to add that I do not: find anything to support the assertion that the defendant delayed the plaintiff in supplying herself with anything made necessary by the loss of her trunk; or otherwise' influenced her actions. It: requested her to leave tracing the trunk to it; but she is not injured by yielding to this request; the verdict fully compensates for the failure to find it.