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Healy v. N.Y. Central & Hudson River R.R. Co.

Supreme Court of New York, Appellate Division, Third Department
138 N.Y.S. 287 (1912)


Facts

Healy (plaintiff) checked his handbag at the parcel room of New York Central & Hudson River Railroad Company (the Railroad) (defendant) in Albany, New York and, in return, received a claim coupon that stated in fine print that the company was not liable for any loss or damage exceeding $10. Healy put the coupon in his pocket without reading it and had no knowledge of the limitation of liability provision. After the Railroad misplaced Healy’s handbag he brought suit against the company to recover $70.10, the value of the handbag and its contents. The trial court held in favor of Healy. The Railroad appealed.

Rule of Law

Issue

Holding and Reasoning (Lyon, J.)

Concurrence (Houghton, J.)

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