David Crystal, Inc. v. Ehrlich-Newmark Trucking Co.

Plaintiff’s application for leave to reargue is granted. Upon such reargument and reconsideration of the original and additional papers presented, the decision'of this court is recalled and the following is substituted in place thereof.

Defendant, as a common carrier for hire in interstate commerce, concededly received and failed to deliver a property shipment received from plaintiff. The defense, in essence, is that the loss resulted from a hijacking on the streets of New York City of the defendant’s truck, containing this shipment. Defendant contends that the loss resulted by reason of the…