Jean, Garrison & Co. v. Flagg
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan, in favor of the plaintiff, in an action to recover damages for negligence in transporting poultry and eggs.
1Opinion of the CourtFitzgerald, J.
The bill of lading given by carrier to shipper, recites that the goods when received at East St. Louis by the carrier were “ in apparent good order, except as noted, contents and condition of contents of packages unknown.” This was no more than a statement that the packages apparently were in good order,, and when taken in connection with the express disavowal of any knowledge of the contents or its condition, cannot be held to mean more than that the external appearance of the packages when shipped was good. It would be unreasonable to hold that an acknowledgment of the good condition of the…
2Cases cited2 opinions
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
3Cited by5 opinions
- Uneeda Home Appliances, Inc. v. Long Island Rail RoadAppellate Terms of the Supreme Court of New York · 1966
- Harry Meyers Co. v. Cunard Steamship Co.City of New York Municipal Court · 1930
- International Business Machines Corp. v. Root's Express, Inc., New York County Courts1971
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. LarosaIndiana Court of Appeals · 1921
- Uneeda Home Appliances, Inc. v. Long Island Rail Road Co.Appellate Division of the Supreme Court of the State of New York · 1966