Legal Opinion

Einstein v. Clyde Steamship Co.

New York Supreme Court

Decided March 15, 1908Published

Motion for a new trial.

1Opinion of the CourtBischoff, J.

The plaintiffs had a verdict for the loss of goods intrusted to the defendant under a contract for carriage, and upon the trial the defendant’s efforts were wholly directed to show that the goods were never received by it. It is now contended that the recovery was defective in that it did not appear that the defendant did not deliver the goods to the connecting carrier at the terminus of its own line, such being the extent of its obligation as per the bill of lading in evidence. The fact of such nondelivery, however, was apparent from the defendant’s attitude at the trial. Admission of the…

2Cases cited2 opinions

  1. Roberts v. . ChittendenNew York Court of Appeals · 1882
  2. Hot Springs Railroad v. HudginsSupreme Court of Arkansas · 1883

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