Hyperlawhypertext legal database Warshawsky v. Gates 142 N.Y.S. 271

← Cases

Warshawsky v. Gates

142 N.Y.S. 271 Court Argued May term, 1913, before LEHMAN, BIJUR, and WHITAKER, JJ. Decision date 1913-06-17 English

Delivered by BIJUR, J.'

Contents

Majority

p. 271
WARSHAWSKY v. GATES.
(Supreme Court, Appellate Term, First Department.
June 17, 1913.)

Headnote

Carriers (§ 94*)—Freight-—Actions for Loss—Proof.
Plaintiff cannot recover against an express company for the nondelivery of a package, without proving the loss of the package and its value.
[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 367-395, 456; Dec. Dig. § 94.*]
Appeal from Municipal Court, Borough of Manhattan, Second District.
Action by Abraham Warshawsky against Horatio H. Gates, as Secretary of the Adams Express Company. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
Argued May term, 1913, before LEHMAN, BIJUR, and WHITAKER, JJ.
Edward V. Conwell and Robert E. Palmer, both of New York City, for appellant.
Abraham Crosney, of New York City, for respondent.

Apart from other errors, there is a complete absence • of competent evidence of the loss of the package complained of, or of its value.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.