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Torts

Michigan Law Review

1950

Allen 11. Southern Pacific Co.

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Bailment-Limitation Of Liability-Effect Of Posted Notice Or Stipulation On Receipt, Walter L. Dean May 1950

Bailment-Limitation Of Liability-Effect Of Posted Notice Or Stipulation On Receipt, Walter L. Dean

Michigan Law Review

Plaintiff deposited a traveling bag in the parcel room at defendant's railroad station, paid a ten cent fee, and was issued in return a numbered check or receipt on which was printed, inter alia, a notice that defendant's liability would be limited to $25 unless an excess valuation were declared and paid for at the time of deposit. Plaintiff testified that he hadn't read the printing on the check and hadn't seen a posted sign which contained the same information. On demand the defendant was unable to redeliver the bag. In an action to recover the value of the bag …