Jennings v. Clyde Steamship Co. — 210 N.Y. 570

Majority

p. 570

Robert B. Jennings, Appellant, v. Clyde Steamship Company, Respondent.

Headnote

Jennings v. Clyde Steamship Co., 148 App. Div. 615 , affirmed.

(Argued January 19, 1914;

decided February 3, 1914.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1912, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure as to the liability of the defendant for the value of merchandise destroyed by fire while in its possession as a common carrier.

Henry J. Bigham, D. Roger Englar and Oscar R. Houston for appellant.

Norman B. Beecher and Ray Rood Allen for respondent.

p. 571

Judgment affirmed, with costs, on opinion of Clarke, J., below.

Concur: Willard Bartlett, Ch. J., Werner, Chase, Collin, Citddeback and Hogan, JJ. Not sitting: Miller, J.