INDIANA UNIVERSITY COPYRIGHT, 1927, BY AMERICAN MARITIME CASES, INC. Indiana University PRINTED BY THE J. H. FURST COMPANY BALTIMORE State of New York, Court of Appeals, May 31, 1927. At Law. BILLS OF LADING-1951. Limitation of Value Clause-CARGO DAMAGE- Flour. A bill of lading contained clauses limiting the package value to $100. in consideration of the freight rate, and limiting the value in all cases to the invoice value. Shipper shipped goods worth less than $100 per package, which were damaged. Held: that as the limitation to the invoice value of such goods was not in consideration of the freight rate, and as no choice of rates was offered to a shipper in this situation, the limitation to invoice value is void, and shipper may recover market value at destination. There is no good distinction in principle between a limitation of liability to an arbitrary sum or to the invoice value of the shipment and neither limitation can be valid without a choice of rates. 1926 A. M. C. 893. Affirmed. BURLINGHAM, VEEDER, MASTEN & FEAREY (HARRINGTON PUTNAM and RAY ROOD ALLEN, of Counsel), Attorneys for Appellant. NEIL P. CULLOM, Attorney for Respondent. LEHMAN, J.: The defendant carrier received in San Francisco several thousand bags of flour consigned to New York. The plaintiff is the owner of the flour through purchase of the bills of lading. The flour was stowed in a cargo space in defendant's steamer Kroonland. Part of the flour was found on delivery in New York "to be tainted with the odor of said shingles, and was thereby damaged." The defen This volume is cited as 1927 A. M. C. 1131 |