Sejalon v. Woolverton

Appellate Terms of the Supreme Court of New York

Sejalon v. Woolverton

31 Misc. 752, 64 N.Y.S. 48

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 15, 1900

StatusPublished

This text of 31 Misc. 752 (Sejalon v. Woolverton) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sejalon v. Woolverton, 31 Misc. 752, 64 N.Y.S. 48 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

There was sufficient evidence adduced upon the trial to warrant the justice in finding, as is assumed from the judgment, that the wheels were transported by the defendant, under a special contract, at the plaintiff’s risk of damage.

The burden was therefore upon the plaintiff to show facts taking the case out of the operation of the exemption clause. Whitworth v Erie R. Co., 87 N. Y. 413, 419; Canfield v. Baltimore & Ohio R. R. Co., 93 id. 532. This he wholly failed to do, and, under the circumstances, we have no alternative other than to affirm, the judgment.

Present: Beekmait, P. J., G-iegebioh and O’Gobmait, JJ.

Judgment affirmed; with costs.

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