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Walter v. Fargo

64 N.Y.S. 1150 Court N.Y. App. Term Decision date 1900-05-01 English

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p. 1150
WALTER et al., Appellants, v. FARGO, Respondent.
(Supreme Court, Appellate Term.
May 1, 1900.)

Headnote

Action by Herbert E. Walter and another against James O. Fargo, as president of the Fargo Express Company. From a judgment in favor of defendant, plaintiffs appeal.
Affirmed.
Samuel Fleischmann, for appellants. Donald B. Toucey, for respondent.

As it appears that the company agreed to carry the case to the destination if on its line, and otherwise to deliver to another carrier on the route to the destination, and that it was not to be liable for loss or damage not occurring on its own road or its portion of the through route, and as the evidence of the witness Sherwood as to the extent of defendant’s line was competent, the judgment must be affirmed, with costs. See Reed v. Express Co., 48 N. Y. 462 .

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