American Laundry Co. v. Hall

Decision Date29 November 1921
Docket Number12125.
Citation109 S.E. 676,27 Ga.App. 717
PartiesAMERICAN LAUNDRY CO. v. HALL.
CourtGeorgia Court of Appeals

Syllabus by the Court.

Where a bailee, such as a laundry company, in accepting articles of wearing apparel from a customer, leaves with the customer a paper containing a memorandum of the articles bailed, with a printed notice thereon to the effect that in the event of loss or damage to the articles the bailee's liability therefor shall not exceed a certain sum to be determined by its proportion to the amount charged for the laundering of the articles, the mere receipt by the customer of the memorandum containing such printed notice does not amount to an agreement and assent to the terms of the notice, and therefore there arises no special contract whereby the customer consents to any limitation of liability of the bailee on account of the latter's negligence.

The evidence authorized the verdict rendered for the bailor against the bailee for an amount in excess of the limitation stated in the notice for the negligent loss and damage to the articles bailed. The judge of the superior court therefore did not err in overruling the petition for certiorari.

Error from Superior Court, Fulton County; J. T. Pendleton, Judge.

Action by B. E. Hall against the American Laundry Company. Judgment for plaintiff, and petition for certiorari overruled, and defendant brings error. Affirmed.

D. K. Johnston, of Atlanta, for plaintiff in error.

Morris Macks and S. A. Massell, both of Atlanta, for defendant in error.

STEPHENS, J.

Judgment affirmed.

JENKINS, P.J., and HILL, J., concur.

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