Weiss Bros. Stores, Inc. v. De Martis

Edgar J. Nathax, Jr., J.

This is an action to recover the value of 11 cartons of merchandise delivered hy plaintiff to defendant for transportation to designated freight forwarders within the City of New York. The cartons were stolen from defendant’s locked truck, while it was left unattended during a pick-up at plaintiff’s place of business. It is alleged in one cause of action that defendant was negligent in its failure to deliver the merchandise entrusted to its care. There is a complete failure of proof as to this cause of action, and it is dismissed. There remains plaintiff’s other cause…