Healy v. The New York Central And Hudson River Railroad Company

138 N.Y.S. 287 (1912)

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Nature of the Case

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Facts

P checked a handbag at D's parcel room. For it P receiving a duplicate cardboard coupon, two by three inches in size. It identified D and said conditions on the back. On the back in fine print, it said in part: 'The depositor in accepting this duplicate Coupon expressly agrees that the Company shall not be liable to him or her for any loss or damage of any piece to an amount exceeding TEN DOLLARS.' D did not draw P’s attention to the terms. P took the coupon and put it in his pocket without reading it. That evening when presented it was discovered that D gave the handbag to another. It has never been recovered, and its value, with the contents, was seventy dollars and ten cents. P sued D for that sum. D claims that the liability is limited to ten dollars. The court ruled for P and D appealed.