Glickfeld v. Howard Van Lines, Inc. Howard Van Lines, Inc. v. Glickfeld

Under a written agreement the plaintiff-appellant-cross-appellee, Irving Glickfeld, shipped household goods and personal belongings from New York to Los Angeles via Howard Van Lines, Inc., an interstate carrier operating under the provisions of the Interstate Commerce Act, Title 49 U.S.C.A., including § 20 (11) by virtue of § 319 thereof. Thereafter he brought suit against Howard and Fireman’s Fund Insurance Company to recover full compensation for damage to his property allegedly sustained while in Howard’s custody, and also for the full value of items of the shipment which were allegedly converted by Howard.

The trial court awarded Glickfeld judgment for damage in accordance with the written agreement which limited the amount of recoverable damages to items delivered and as well for the loss of items not delivered. As to the latter, the court found that (although they were never delivered) they had not been converted by Howard. Glickfeld appealed, contending that he was legally entitled to a judgment for the full value of the damages to his property and for the full value of the property lost. Howard and the insurance company appealed only from that part of the judgment…