Morris v. Wier
Appellate Terms of the Supreme Court of New York
Appear by the -plaintiff from a judgment of the justice of the Third District Court in favor of the defendant.
1Opinion of the CourtDaly, P. J.
The plaintiff shipped a demijohn, containing two gallons of whisky of the value of $18, by defendant’s express company from New York to Ridgefield, Connecticut. The demijohn was packed in an ordinary champagne case and when delivered was found to be broken and the contents were gone. The defendant claims exemption from liability under certain clauses of its shipping receipt which provided, (1) that it should not be liable for breakage unless proved to have occurred through its fraud or gross negligence; (2) and that all articles of glass would be taken at the risk of the shipper and that the…
2Cases cited3 opinions
- J. Russell Manufacturing Co. v. New Haven Steamboat Co.New York Court of Appeals · 1872
- Holsapple v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1881
- Tucker v. Pennsylvania RailroadNew York Court of Common Pleas · 1895