Rieser v. Metropolitan Express Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, seventh district, borough of Manhattan, in favor of the defendant for the dismissal of the complaint.
1Concurrence
Freedman, P. J. (concurring).
Plaintiff’s proof which established that the goods in question had been in all respects *634properly packed and that- at the time of their delivery in such proper condition to the carrier the latter was expressly notified of their fragile character, but that they arrived at their destination in a broken condition, sufficiently established the carrier’s liability for gross negligence in the absence of proof of due care and vigilance on the part of the carrier.
In, a case of this kind where a carrier seeks to escape lia.bility by reason of an exception embodied in his…
2Cases cited1 opinion
- Campe v. WeirAppellate Terms of the Supreme Court of New York · 1899