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 and its contents, the lower court concluded that defendant's liability was limited to $25. On appeal by the plaintiff, held, reversed. The liability of the defendant as bailee was not limited by the stipulations on the check or on the sign, where the bailor had no actual knowledge of those limitations. Allen v. Southern Pacific Co., (Utah 1950) 213 P. (2d) 667.
Walter L. Dean,
BAILMENT-LIMITATION OF LIABILITY-EFFECT OF POSTED NOTICE OR STIPULATION ON RECEIPT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol48/iss7/10