International Business Machines Corp. v. Root's Express, Inc.

'Stephen Smyk, J.

The plaintiff, International Business Machines Corporation (IBM) purchased two laminar flow boxes for use in its Glendale facility at Endicott, New York. These were separately crated and shipped by the Westinghouse Corporation from its plant in Grand Bapids, Michigan; each weighed about 2,400 pounds.

Defendant, Boadway Express, Inc., transported these large crates by truck from Michigan to Syracuse, New York, where they were transferred to defendant Boot’s Express, Inc., for delivery at Endicott, New York. When received there by IBM both crates covered by heavy plywood and…