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IN THE CIRCUIT COURT OF THE NINE-
TEENTH JUDICIAL CIRCUIT IN AND FOR
ST, IUCIE COUNTY, FLORIDA.
CIVIL ACTION N0. 78-197
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CARL SAPIA and ELVIRA
SAPIA, his wife,
Plaintiffs,
vs.
GREYHOUND LINES, INC.,
Defendants.
PARTIAL SUMMARY JUDC,MENT
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THIS CAUSE coming o n to be heard on Plaintiffs' and
Defendant's. motions for summary judgment, and the Court having
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considered the same, together with memoranda submitted and
the pleadings, finds:
That there are no material issues of fact in this
case. Plaintiffs delivered one hundred pounds of luggage to
be shipped by the Defendant. The luggage has either been des- ~
troyed or lost, and Plaintiff is claiming a total damage of
53,388.00 plus costs of this action. The busbill shows that
no additional charges were made for valuation, and the busbill
states that:
" J T TO TARIFF REGULA-
(NOT NEGOTIABLE) SUB EC '
TIONS LIABILITY: The carrier will not pay over
550.00 for any shipment of 100 pounds or less, or
.50 per pound actual weight for any shipment in ~
_ excess of 100 pounds, unless a greater value is
declared and charges for such greater value paid.
Maximum valuation any one shipment is limited by }
tariff."
In addition, the tariff filed with the Interstate Commerce
Commission limits the maximum liability of the carrier to
550.00 unless a greater value is declared by the shipper at ~
the time of the shipment and excess value charge is paid, in
which event the maximum liability is 5250.00.
The sole question for determination is whether the
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Plaintiffs. are limited to recovery by the busbill and the
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tariff or whether the Plaintiffs can recover the full value of
OR
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