Schimmel v. Mallory S. S. Co.

MACK, Circuit Judge.

Motion for judgment in favor of plaintiff upon the pleadings and stipulated facts.

Plaintiff delivered goods to a railroad in Texas, to bo carried by rail to Galveston and thence by defendant’s steamer to New York, under a through hill of lading. While the goods were en route, they wore reconsigned to Yonkers and Schenectady via the New York Central Railroad. Upon arrival at defendant's pier in New York, the goods were placed upon defendant’s lighter for transportation to the New York Central’s receiving station further up the river, and while in the lighter were damaged by…