Bracco v. Merchants' Despatch Transportation Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of ¡New York, first district, borough of Manhattan.
1Opinion of the Court
Seabury,
J. The defendant is a common carrier, and the plaintiff shipped by it twelve loose castings and six cases to a customer at Muscatine, Iowa. All of these cases were delivered on August 28, 1907, except one case which was not delivered until September 29, 1907. The shipment comprised machinery, and it is conceded that the machinery was useless without the parts contained in the case which was not delivered until September 29, 1907. The plaintiff, in the meantime, had duplicated the missing parts; and his customer returned this case to him. It is also conceded that the contents in this…
2Cases cited2 opinions
- Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
- Katz v. ClevelandAppellate Terms of the Supreme Court of New York · 1905