Wichern v. United States Express Co.

The opinion of the court was delivered by

Minturn, J.

The Second District Court of Jersey City gave judgment in favor of the plaintiff upon the following facts:

*242The plaintiff, about to return to her home in Bayonne, from-a vacation at Haines Falls, in the Catskill Mountains, in the State of New York, checked her trunk to New York City. The plaintiff’s fiance received the baggage check from her and delivered it to the defendant company, taking its receipt, which is the basis of the suit.

It is admitted that the trunk was never delivered.

The defendant at the trial offered no testimony, and…