Citations
- 184 F. Supp. 305
Full opinion text
DAWSON, District Judge.
This case was tried by the Court without a jury.
The action is one by a passenger on the Pennsylvania Railroad for loss of baggage entrusted to a “Red Cap” at the Pennsylvania Station. Plaintiff’s testimony was taken by deposition and the deposition was read, it being established that she was not within 100 miles of New York City.
The Court finds the following facts: Plaintiff came to the Pennsylvania Terminal, in New York, on the evening of January 13, 1955, en route to Green-ville, South Carolina, for which she had a railroad ticket. She arrived at the railroad station with three bags and presented them to “Red Cap” Porter No. 77, who admittedly was an employee of the defendant. She received three baggage checks from him. She had no conversation with him. He took her bags and said he would meet her at the train. She took the baggage checks, put them in her purse and went to the waiting room to await the announcement of the departure of her train. When the train departure was announced she went to the train where the “Red Cap” informed her that two of her bags were missing and he could only redeliver one bag. She then, for the first time, examined the baggage cheeks which the “Red Cap” had given to her.
The baggage checks had printed on them, in rather small type, the following:
“Liability limited to not more than $50.00 for each bag or parcel. For additional valuation see reverse side.”
On the reverse side of the baggage check was the following statement:
“$50.00 Limitation of Liability
“Liability limited to not more than $50.00 for each bag or parcel unless greater value declared in writing on form provided for that purpose.
“Declaration Form Available at Baggage Room
“An additional charge of 20