181 A.D. 176 | N.Y. App. Div. | 1917
The plaintiff recovered a judgment for a dog, which defendant undertook to carry from East Williston, Nassau county, N. Y., to Palo Alto, Cal., by Wells Fargo & Company’s Express from New York city. The defendant, in contravention of its contract, did not deliver the animal to the Wells Fargo Company, but sent it over its own line to Pitts-burg, Penn., beyond which point, at Wooster, 0., the dog was found dead in the car. The parties executed the livestock contract and the defendant issued the uniform express receipt, according to the forms duly filed by defendant with the Interstate Commerce Commission. The plaintiff’s contention is that by reason of the deviation from the stipulated route the defendant is liable for the loss as insurer; while the defendant’s theory is that the carrier at common law does not insure against the consequences of the vitality of live freight, but is liable only for the results of its own negligence; that the parties have so stipulated in the form filed with-the Inter
The judgment should be affirmed, with costs.
Present — Jenks, P. J., Thomas, Stapleton, Rich and Blackmar, JJ.
Judgment unanimously affirmed, with costs.
See 24 U. S. Stat. at Large, 386, § 20, as amd. by 34 id. 593, 595, § 7; 34 id. 838, Res. No. 47, and 38 id. 1196, 1197, chap. 176. Since amd. by 39 U. S. Stat. at Large, 441, 442, chap. 301.— [Rep.