Hamilton v. Stillwell Van and Storage Co., No. 14954
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 343 F.2d 453 |
| Parties | Harold HAMILTON v. STILLWELL VAN AND STORAGE CO., Appellant in No. 14954, and Dean Van Lines, Inc., Appellant in No. 14955. |
| Decision Date | 16 March 1965 |
| Docket Number | 14955.,No. 14954 |
343 F.2d 453 (1965)
Harold HAMILTON
v.
STILLWELL VAN AND STORAGE CO., Appellant in No. 14954, and
Dean Van Lines, Inc., Appellant in No. 14955.
Nos. 14954, 14955.
United States Court of Appeals Third Circuit.
Argued January 19, 1965.
Decided March 16, 1965.
Alan Kahn, Philadelphia, Pa. (Winokur & Kahn, Philadelphia, Pa., on the brief), for Stillwell Van & Storage Co.
Ned Stein, Comanor & Stein, Philadelphia, Pa., for Dean Van Lines, Inc.
Arthur E. Newbold, III, Philadelphia, Pa. (John P. Mason, Philadelphia, Pa., Dechert, Price & Rhoads, Philadelphia, Pa., on the brief), for appellee.
Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.
PER CURIAM.
These appeals are from the order of the district court of April 24, 1964, denying defendants' motions for judgment notwithstanding the verdict or for a new trial.
The case was tried to the court. We agree with the district court that plaintiff established the condition, quality and value of his goods (which were destroyed by fire while in the possession of the defendants) by the best evidence available to him. We are satisfied that these proofs fairly support the verdict rendered with two exceptions, later noted. We agree with the district court that the proofs establish that defendant Stillwell, acting as Dean Van Lines' undisclosed agent, contracted to obtain insurance for plaintiff on his property in the sum of $10,000 and failed to do so. We agree with the district court that the limitation of liability agreement was of no effect here because the defendant's conduct in obtaining that agreement was not "fair, open, just and reasonable". Adams Express Co. v. Croninger, 226 U.S. 491, 509, 33 S.Ct. 148, 57 L.Ed. 314 (1913).
To save time it was agreed by the parties through their attorneys that if plaintiff testified to the value of his various destroyed articles his total valuation for same would amount to $11,948. It was further agreed that, included in that total, would be a valuation of $1,000 for additional miscellaneous articles.
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Ferrostaal, Inc. v. M/V Sea Phoenix, No. 05-1837.
...cases in which the carrier was held to have breached an express promise to provide insurance, Hamilton v. Stillwell Van & Storage Co., 343 F.2d 453, 454 (3d Cir.1965) (landborne carriage), and Rhoades, Inc. v. United Air Lines, Inc., 340 F.2d 481, 486 (3d Cir.1965) (airborne carriage). ......
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Local P-171, Amalgamated Meat Cutters and Butcher Workmen of North America v. Thompson Farms Co., P-171
...preclude appellate jurisdiction in the absence of demonstrated prejudice to the litigants. Hamilton v. Stillwell Van & Storage Co., 343 F.2d 453 (3 Cir. 1965). See generally 9 Moore's Federal Practice P 110.08(2) (2d ed. 1980). The formal prerequisites of Rule 58 for an effective judgme......
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Richerson v. Jones, No. 76-1762
...of such a technicality. Foman v. Davis, 371 U.S. 178, 181, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962); Hamilton v. Stillwell Van and Storage Co., 343 F.2d 453 (3d Cir. Hodge v. Hodge, 507 F.2d 87, 89 (3d Cir. 1975). 7 It goes without saying that Richerson's consent cannot create appellate jurisdict......
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Committee for Open Media v. F. C. C., No. 73-2068
...9 L.Ed.2d at 224-226; Lemke v. United States, 346 U.S. 325, 74 S.Ct. 1, 98 L.Ed. 3 (1953); Hamilton v. Stillwell Van & Storage Co., 343 F.2d 453, 455 (3d Cir. 1965); Markham v. Holt, 369 F.2d 940, 941-943 (5th Cir. 1966); Keohane v. Swarco, Inc., 320 F.2d 429, 432 (6th Cir. 1963); Song ......
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Ferrostaal, Inc. v. M/V Sea Phoenix, No. 05-1837.
...cases in which the carrier was held to have breached an express promise to provide insurance, Hamilton v. Stillwell Van & Storage Co., 343 F.2d 453, 454 (3d Cir.1965) (landborne carriage), and Rhoades, Inc. v. United Air Lines, Inc., 340 F.2d 481, 486 (3d Cir.1965) (airborne carriage). ......
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Local P-171, Amalgamated Meat Cutters and Butcher Workmen of North America v. Thompson Farms Co., P-171
...preclude appellate jurisdiction in the absence of demonstrated prejudice to the litigants. Hamilton v. Stillwell Van & Storage Co., 343 F.2d 453 (3 Cir. 1965). See generally 9 Moore's Federal Practice P 110.08(2) (2d ed. 1980). The formal prerequisites of Rule 58 for an effective judgme......
-
Richerson v. Jones, No. 76-1762
...of such a technicality. Foman v. Davis, 371 U.S. 178, 181, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962); Hamilton v. Stillwell Van and Storage Co., 343 F.2d 453 (3d Cir. Hodge v. Hodge, 507 F.2d 87, 89 (3d Cir. 1975). 7 It goes without saying that Richerson's consent cannot create appellate jurisdict......
-
Committee for Open Media v. F. C. C., No. 73-2068
...9 L.Ed.2d at 224-226; Lemke v. United States, 346 U.S. 325, 74 S.Ct. 1, 98 L.Ed. 3 (1953); Hamilton v. Stillwell Van & Storage Co., 343 F.2d 453, 455 (3d Cir. 1965); Markham v. Holt, 369 F.2d 940, 941-943 (5th Cir. 1966); Keohane v. Swarco, Inc., 320 F.2d 429, 432 (6th Cir. 1963); Song ......