Marks v. New Orleans Cold Storage Co.

Citations

• 107 La. 172

Syllabus

<p>Syllabus.</p> <p>1. The undertaking of the cold storer being to preserve goods liable to undergo, 03. actually undergoing deterioration through the development in them of insect life, it is not necessary, in order to recover against him for damage to goods, to prove more than that the goods, when delivered into his cold storage, were, according to the usual and ordinary test of commerce, sound.</p> <p>2. For the deterioration of the goods while in his cold storage he is responsible, notwithstanding that in the heading of the receipt issued for the goods there is printed a limited liability clause to the effect that he is not responsible for “damage” to goods.</p> <p>3. Interested persons are by our law competent witnesses, and their testimony is binding on the court, unless overcome by counter testimony or irreconcilable with the known facts of the case.</p> <p>4. The warehouseman has a right to hold possession of the goods stored with him until the amount due him for storage is paid.</p> <p>5. The amount due for storage on goods cannot be compensated by an unliquidated claim for damage suffered by the goods.</p> <p>On Rehearing.</p> <p>1. A cold storage company may, by contract, limit its liability to the extent that liability may be limited.</p> <p>2. The limited liability clause should be specific and include in its terms all damages and acts for which the cold storer does not hold himself responsible.</p> <p>3. A paper admitted in evidence, without objection, ■ will be taken as the commencement of proof of a particular fact.</p> <p>4. The holder of the receipt is entitled to delivery of the property stored upon tender of payment of charges on the property itself, and payment of charges on other property of owner cannot be required before delivery. There must be a tender made in due form of the charges.</p> <p>5. Storage is due on damaged goods l'or which the storer is made to pay.</p>