Mariani Bros. v. Thomas Wilson, Sons & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Wilson, Sons & Co., Ltd., from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of December, 1918, affirming a judgment of the City Court of the City of New York in plaintiff’s favor for $1,787.66, entered upon the verdict of a jury.
1Opinion of the Court
Page, J.:
The action was to recover damages for the loss by reason of the defendant’s negligence of seven barrels of olive oil shipped from Malaga, Spain, to New York on a steamship owned by the defendant, a corporation, organized under the laws of Great Britain.
On or about May 6, 1917, there were delivered on board defendant’s vessel by the plaintiff’s vendors 200 barrels of olive oil to be transported to New York. The master of the vessel delivered four bills of lading each covering 50 barrels of the oil. Only 193 barrels were delivered to the plaintiff. The failure to deliver the 7 barrels…
2Cases cited2 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
3Cited by3 opinions
- Achille Starace & Co. v. Raporel S. S. Line, Inc.Appellate Terms of the Supreme Court of New York · 1921
- Baltimore & Ohio Railroad v. Long Island RailroadCity of New York Municipal Court · 1925
- Glanzer v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1925