Sprotte v. Delaware, Lackawanna & Western Railroad
Supreme Court of New Jersey
On appeal from the Supreme Court, in which court the following per curiam was filed : “The plaintiff employed a shipping company in Los Angeles to ship- a carload of furniture from 'that point to Dover, New Jersey. When the goods arrived in New York they were forwarded by the shipping company to Dover over the defendant’s line, and some of the goods were damaged when they arrived.
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On appeal from the Supreme Court, in which court the following per curiam was filed : “The plaintiff employed a shipping company in Los Angeles to ship- a carload of furniture from 'that point to Dover, New Jersey. When the goods arrived in New York they were forwarded by the shipping company to Dover over the defendant’s line, and some of the goods were damaged when they arrived. “The defendant issued a way bill in which it was stated that the property was in apparent good order except as noted. (Contents -and condition of packages unknown.) The list contained specific items, some of which…
1Per curiam
The facts are stated in the memorandum of the Supreme Court. We agree that the bill of lading was sufficient prima facie proof that the goods mentioned therein were in apparent good order, so far as their good order could he apparent. This applies fo the greater part of the goods and of the damages claimed. Most of the goods were of such a character that it could be ascertained by mere inspection whether they were in sound condition., and most of the damages were due to breakage. To such goods where the claim is for obvious injury the clause “contents and condition oí packages unknown” is not…
2Cited by9 opinions
- Minneapolis Fire & Marine Insurance v. Baltimore & Ohio RailroadSupreme Court of Minnesota · 1952
- Silver Lining, Inc. v. SheinNew Jersey Superior Court Appellate Division · 1955
- Goldberg v. New York, New Haven & Hartford R. R.Supreme Judicial Court of Maine · 1931
- Lincoln Farm Products Corp. v. Central RRNew Jersey Superior Court Appellate Division · 1963
- Ohio Galvanizing & Mfg. Co. v. Southern Pac. Co.Court of Appeals for the Sixth Circuit · 1930
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