Agency, Scope of authority. Carrier, Of goods. Damages, Limitation. Where the owner of an automobile ships by an express company certain parts of the machinery of the automobile to a machine shop to be repaired, without giving the proprietor of the machine shop any special instructions or special authority as to the contract of shipment which he shall make in returning the parts of machinery after they have been repaired, this authorizes the proprietor of the machine shop, in returning the parts of machinery to the owner, to make the usual shipping agreement with the express company for their transportation, and, if such agreement contains a provision limiting the value of the property transported and the amount to be recovered in case of its injury to $50, this limitation is binding on the owner in an action brought by him against the express company to enforce its liability as carrier for an injury to the goods while in transit.
SHELDON, J.
The plaintiff shipped his property by the defendant to the Fosdick Company and left it to that company to send it back to him without any special instructions or any special authority as to the contract which it should make. That authorized the Fosdick Company to make the usual shipping agreement with the defendant; and all the evidence is that it did so. Certainly there was no evidence to the contrary. Accordingly the plaintiff is bound by the terms of the agreement on which the defendant received and transported the property; there was no evidence on which the plaintiff could recover more than the sum named in that agreement; and there must be judgment on the verdict.
So ordered.