New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-03-13
.
Very respectfully yours, FISK, BELDEN & Co
LIABILITIES OF EXPRESS COMPANIES.

IMPORTANT OPINION BY JUDGE sHIPMAN - NO.
TICE LIMI1ING LIABILITY OF CARRIER To
BE CONSTRUED STRICTLY, AND MUST BE EX-
PRESSED IN USEQUIyoCAL IERMS-WHAr Is
Archibald Hopsin, az, Asr,pi.r P ws,coa cih
The following IS very important OPINION,
tbs has been submitted upon agreed statement
OF facts 1t ~ only necessary 10 note here such
material FOR correct understanding OF the points 10 be
l. DEFENDANT. ,oniqe The we'ico RrPr. COMPANY ard
point. 10 81. Ciy Of SsT,Y9IG
on ID, ls' q October. 1880 q. pHr P,,l RON h boms Ia
gsh,r Sh bis ioni S shh b; rt:sTd M Sa. metallic eassl
be them " obtain the trunk Al the depot and deliver The a. bis
r.: d a. s o SG S q a ss s d to til,
pauid tho having been Loaf IN uninOwH to The de-
Tia. upon Il. delivery o. Oh. msta, eA,l 10 N. 6rs.us
:S d'.s:'i4 d Si . d S PS ssp s N F p
m., WiT 6lgs,. JST, vi. nov Ssf0 S hiSs r
esei. ec for loss y Ere nor ir an amount Ies;s.E sC3 upon
sSS tie eva I PAD thereof ' Aad K, owner hereby lss.
S is "a & IN no Is IT, ,
delivered TO bn nor III s notice from the defendants hat h 'runs
Tia, d. E.,i'l custom .FH s,ss q Sssi,
zoo I'D s. IT, 9,ts S ssSI.. q ' ss,9T
esdg Me-. iori for The purpose Of prosecuting biz .q, That
in.i!uion and that certain manuscript hooks ~el foasd part Of tue
contents Of BIS 'uh were Necessary to Ne prosecution OF bis stables
1t hns boon remarked by alearncd and accurate writer
that common carrier may qualify his liability by q
general notice to all who may employ him. Of any reason
observed tnelr part
tho manner Of entry aud delivery OF parcels aud the In.
formation TO be given him Of their contents tho rates
freight and the Ike; for example that ho will not be
liable for goods above the value OF certain sum- unless
they are entered as such and paid for accordingly"
q Greenf Ey. Sec. 2l5J But In the now before
the Court the defense does rest upon general notice.
constructive knowledge OF which the plaintiff Ia 10 be
charged with by proof that 10 generally and widely
promulgated. IL rests special printed notice, put
INTO the hands OF the plaintiff at the time he delivered his
check 10 the defendants. IL make difference that
the pant did not choose 10 read II until after he had
notce thpt MS trunk lost He received it AT tho time
ne Parted with his check II egbly printed, aud he
must be charged with actual notice OF It's contents by
us terms qualified the duty liability Of the defend
anus ana limited their responsibility In OF loss 10
amount not exceeding t00 for any article, unless the
palnt should disclose such articles and have the fact
lndorsd on e paper as we'll pay for the extra risk IL
excluded all liability for merchandise and jewelry
1houg as WIN be seen In the sequel this point OF
pacteal Importance In this suit In view Of the construc
ton which tha give this notice, yet am unwilling 10
leave IL 70 DC Inferred that uencrain any doubt OF the
power OF the carrier 10 qualify his responsibility by
special notice actually gycn tho owner under crcuH
stances Ike these In the Orange County Bank agt
Brown % Wend, ll6), Judge Nelson speaking for the
Court says OF the carrier IL he has given general notice
that he VIII not Do liable certain amount unless
the value made known TO him at the time Of delivery
and premium Tor Insurance IN paid, such notice, n
brought home TO the knowledge OF the owner land courts
and Juies are liberal In nfcrrng such knowledge from
the publication OF the nOtce) IL AS eectal I'm qualifying
tho acceptance Of tho goods special agreement, aud