Reliable Textile Co. v. Deptula Trucking Co.

Order and judgment (one paper), Supreme Court, New York County, entered on October 20, 1970, after trial before Kapelman, J. and a jury, reversed, on the law, and the complaint dismissed. Appellant shall recover of respondent $50 costs and disbursements of this appeal. The action was to recover damages for the loss of certain merchandise delivered to defendant for transportation to customers of plaintiff. The complaint contained no allegations of negligence and plaintiff proceeded on the theory that defendant was a common carrier, and hence, liable as an insurer of the mer*953chandise. The record…