June 19, 1958
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, XAVIER C. RICCOBONO, J.
Maurice L. Noyer for appellant.
No appearance for respondent.
Tariffs of carriers filed and approved pursuant to the Civil Aeronautic Act which limit liability for baggage transported in interstate commerce and checked on air-line tickets are valid where excess valuation can be declared and paid for even though the passenger's attention was not specifically called to the limitation and regardless whether the action is one in negligence, or for breach of a bailment contract or conversion ( Barstow v. New York, New Haven Hartford R.R. Co., 158 App. Div. 665; Beaumont v. Pennsylvania R.R. Co., 284 App. Div. 354, affd. 308 N.Y. 920, cert. denied 350 U.S. 838; Lichten v. Eastern Airlines, 189 F.2d 939; Wilkes v. Braniff Airways, 288 P.2d 377 [Okla.]).
The judgment should be modified by reducing the recovery to the sum of $100, and as modified affirmed, without costs.
Concur — STEUER, J.P., HOFSTADTER and AURELIO, JJ.
Judgment modified, etc.