
    Rosalie Wasserberg, Respondent, v. The Cunard Steamship Co. (Limited), Appellant.
    (City Court of New York—General Term,
    April, 1894.)
    Where a sum as extra freight is charged and received by the agent of a steamship company for a package, the contents of which are disclosed to him, a recovery for the loss of such package is not governed by the provision of the owner’s passage ticket limiting the liability of the company to a specified sum in case the value of the baggage in excess of such sum is not declared.
    Appeal from judgment in favor of the plaintiff, entered upon a verdict, and from order denying motion for a new trial.
    
      Max Altmayer, for respondent.
    
      Owen, Gray & Sturges, for appellant.
   Newburger, J.

This action was brought to recover the value of certain baggage delivered to defendant at Liverpool for transportation to Hew York,'and claimed to have been lost.

The answer of the defendant alleges that its liability, if any, for the loss of baggage is limited to five pounds sterling, by reason that any value in excess of that sum was not declared.

From a judgment entered upon the verdict of a jury herein, and from an order denying a motion for a new trial, this appeal is taken.

The plaintiff’s testimony is that the defendant’s agent demanded from the plaintiff five dollars for extra freight for the package, the contents of which had been disclosed to the agent, and that she paid the same, and, therefore, the plaintiff is not limited in her recovery by the provisions in the ticket. Glovinsky v. Cunard Steamship Co., 6 Misc. Rep. 388; 26 N. Y. Supp. 751.

The judgment must, therefore, be affirmed, with costs.

McCarthy and Conlan, JJ., concur.

Judgment affirmed, with costs.  