Burnside v. Indra Line, Ltd.
Appellate Terms of the Supreme Court of New York
Cross-appeals from an order of the City Court of the city of New York striking out part of the sixteenth paragraph of the answer as irrelevant and redundant, requiring it to be made more definite and certain, and denying the motion to strike out the seventeenth paragraph of the answer as irrelevant-and redundant.
1Opinion of the CourtGuy, J.
This is an action by the assignors of a consignor of imported goods against a steamship company for delivering the consignment in a damaged and unsound condition.
The complaint sets forth the bills of lading, and, after alleging shipment of the consignment to the United States and its arrival in Boston, Massachusetts, sets forth the agreement in the bills of lading that the Harter Act (4 Fed. Stat. Ann. 854), which provides in substance that a carrier may not exempt itself from liability for negligence in the loading, stowage, care and custody of merchandise with which it is entrusted, shall…
2Cases cited2 opinions
- Stroock Plush Co. v. TalcottAppellate Division of the Supreme Court of the State of New York · 1908
- Gibson v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1910