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EMILY SHOPS v. INTER-STATE TRUCK LINE

2 N.Y.2d 405 (1957)

Emily Shops, Inc., Respondent, v. Inter-State Truck Line, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

John M. Aherne and John L. Conners for appellant.

Charles T. Weintraub for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

Per Curiam.

The bill of lading, issued by a common carrier by truck, read in this case: "When value is not declared, carrier will not assume any liability in excess of 50 cents per pound, or 50 dollars minimum." Omission to mention any value of the goods in this bill of lading is nondeclaration of value. The situation is that which is described in the bill of lading as occurring "when value is not declared". No value...

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