New York Court of Appeals

Elise Magnin v. . William E. Dinsmore

March 24, 187456 N.Y. 168

Summary

The Court of Appeals reversed the judgment and ordered a new trial, holding that the liability limitation clause in the express contract does not shield the carrier from liability for its own negligence unless the exemption is expressly stated, and therefore the $50 limitation was not applicable. The decision rests on a detailed construction of the contract language and established case law.