Rathbone v. . N.Y.C. H.R.R.R. Co.

The defendant as a common carrier undertook to transport for the plaintiff's testator from Albany to New York two boxes of marble, which in fact contained a piece of statuary called the "Flight from Pompeii" of the value of $2,500. One box contained the pedestal and the other the figure, and when delivered to the consignee the figure was found to be broken; and we think there is sufficient evidence in the record to have required the trial court to have submitted to the jury the question whether the injury was not caused en route by the negligence of the defendant's employees. Exemption from…