Majority
p. 361The New York, Lake Erie & Western R. R. Co., App’lt, v. The National Steamship Co., Limited, Resp’t. (Supreme Court, General Term, First Department, Filed December 31, 1891.)
Headnote
■Carriers—When liable to connecting lines for freight charges.Cotton was shipped from Texas to New York over several connecting railroads, which, with defendant, entered into a common bill of lading, which provided that the carriers should not be liable for loss by fire upon any property while in deposit or places of trans-shipment or at depots or landings at all points of delivery. While the cotton was on defendant’s wharf in New York it was burned. Meld, that the plaintiff, one of the connecting lines, could not recover its charges and those advanced by it from defendant; that' if the cotton had been loaded on defendant’s steamship when the fire occurred defendant might have been under an implied liability to pay the charges.
Appeal from judgment entered upon verdict directed by the ■court. For opinion on former appeal see 37 St. Eep., 731.
O. B. Adams, for app’lt; J. Ghelwood, for resp’t.
This is the second time that this case has been before this general term. Upon the previous appeal it was held that the plaintiff had no right to recover, and there does not seem to have been any change made in the evidence which requires a new discussion of the points which were disposed of upon the former appeal.
We think, therefore, that the judgment appealed from should be affirmed upon the opinion given by Mr. Justice Daniels upon the former appeal, and which is adopted as the opinion of this •court.
The judgment should be affirmed, with costs.
Andrews, J., concurs; Barrett, J., concurs in the result.