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.
1Opinion of the CourtBischoff, J.
Goods, in all respects properly packed, were delivered to .the defendant by the plaintiff, with notice that the shipment included glass, under a contract whereby the defendant was to be held liable only for damage caused by fraud or “ gross negligence,” and not “ upon' any fragile •fabrics or any fabrics consisting of or contained in glass.” This contract was expressed in the receipt delivered to the plaintiff, and the words “glass” and “owner’s risk'” were stamped upon ‘the receipt. When the goods arrived at their destination the glass was broken, the damage thus represented being fifty…
2Cases cited3 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Rathbone v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1893
- Campe v. WeirAppellate Terms of the Supreme Court of New York · 1899
3Cited by2 opinions
- Brewster v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Halsted v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1907