Fennell v. Trailways
Fennell v. Trailways
Opinion of the Court
The appellant Thelma Fennell filed an action in the civil court of record in Dade County seeking to recover the full value ($880) of two pieces of checked luggage and their contents, lost during the course of a trip by her as a passenger on appellee’s-bus. She contended the Florida Utilities-Commission’s rule limiting the carrier’s liability in such instances to an aggregate of $100 was not effective, for want of notice thereof and of opportunity to secure more protection against loss at a higher charge.
The defendant pleaded the commission’s-rale No. 310-5.59 limiting liability. On consideration of motions filed by the parties prior to trial, the court held liability was limited as provided for in the Commission’s rule aside from the issue raised as to notice, but the order entered thereon was not
The order appealed from was not a final judgment but was interlocutory. However, as authorized by § 59.45 Fla.Stat., F.S.A., in such circumstances, we have elected to treat the appeal as a petition for certiorari, and upon consideration thereof have concluded that certiorari must be denied.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.