University of Pennsylvania Law Review and American Law Register
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... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact firstname.lastname@example.org. RECENT CASES BAILMENT-CARRIER-CHECKING PARCEL-Where a man checked a handbag at a parcel room in a railroad station, and received a check on the back of which in fine print was a provision that the depositor, in accepting said check, agreed not to hold the railroad liable for more than $Io, to which his attention was not called, it was held that the railroad was liable as a warehouseman and that the plaintiff could recover the real value of the handbag, since he had no knowledge of the special contract of limitation of liability and hence did not assent to it. Healy v. R. R., 138 N. Y. Suppl. 287 (N. Y., I912) . There appear to be but two American cases passing squarely upon the question of a carrier's liability for articles deposited in its check room. In Terry v. Southern Ry. Co., 62 S. E. Rep. 249 (S. C., I908), on facts exactly similar to the principal case, except that nothing appeared as to the plaintiff's knowledge of or assent to the special contract of limitation, it was held that the railway was liable as a warehouseman and that the limitation of liability was valid. In that case the point was not raised as to whether plaintiff assented to and was bound by the limitation of liability. In Fraam v. G. R. & Q. Ry. Co., I6I Mich. 556 (I9Io) it was held that a carrier checking a parcel under facts similar to the principal case is liable as a warehouseman. In this case there appeared to be no contract limiting liability. Where goods are left at a station to be kept for the owner either until he proceeds on his journey, or until he calls for them, without his paying for such service or without the goods being checked as baggage, then either the transaction is merely a personal one between the owner and the agent with whom the goods are left, or the company is merely a naked depository or gratuitous bailee; and in either case the company is liable only for gross negligence. In the following English cases a railroad company received articles, charging a small fee therefor, and issuing a check to be presented when the articles were called for, which contained conditions limiting the liability for loss to articles of certain value. The owner was held bound by the conditions wherever he should, as a reasonable man, have known of the presence of such conditions.