Claflin v. . Meyer
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of plaintiff. (Reported below, 11 J. & S., 1.) This action was brought against defendant, a warehouseman, for an alleged neglect and refusal to deliver goods delivered to him as such. The answer alleged, in substance, that the goods were stolen from defendant’s Avarehouse without negligence or carelessness on his part.
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Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of plaintiff. (Reported below, 11 J. & S., 1.) This action was brought against defendant, a warehouseman, for an alleged neglect and refusal to deliver goods delivered to him as such. The answer alleged, in substance, that the goods were stolen from defendant’s Avarehouse without negligence or carelessness on his part. The facts appear sufficiently in the opinion. Defendant was liable for that care an ordinary prudent man would under the same circumstances have exercised in…
1Opinion of the Court
Hand. J.
The counsel for the respondents is correct in his position that the question of burden of proof is the material one upon this appeal. For the evidence is such that if it were incumbent upon the defendant to prove himself free from all negligence causing or attending upon the burglary and not merely to leave the case as consistent with due care as with the want of it, it is clear that the judgment, so far as it adjudges his liability for the goods, must be affirmed, as we cannot say that such proof of' a conclusive character was given. But the law, as to the burden of proof is pretty…
2Cases cited6 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Schmidt v. BloodNew York Supreme Court · 1832
- Larkin v. RobbinsNew York Supreme Court · 1829
- Fairfax v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by190 opinions
- Leather's Best, Inc., Plaintiff-Appellee-Cross v. S.S. Mormaclynx, Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1971
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Stewart v. . StoneNew York Court of Appeals · 1891
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- Alpine Forwarding Co. v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
185 more not listed; retrieve them via the Exa API.