Hayes v. Adams Express Co.

The opinion of the court was delivered by

Pitney, J.

Plaintiff sued’ in- a District Court to recover $300, the alleged value of a drop curtain received by the'de*538iendant from Mm for carriage from the city of Elizabeth, in this state, to Syracuse, in the State of New York. The state of demand contains two counts, one of which relies for recovery upon the negligence of the defendant resulting in the total loss of the drop curtain. The other count relies upon the common-law liability of the defendant as a carrier/ for failure to deliver the curtain.

Upon the trial 'it appeared that when the curtain…