112 Misc. 453 | N.Y. App. Term. | 1920
On February 9,1918, in New York city, plaintiffs delivered to defendant a case and a package, upon one bill of lading, for delivery, C. O. D., to a consignee in Porto Rico. Although the defendant did
The law of this state, as to intrastate shipments, is that a delay in carriage that makes possible the intervention of an act of God, is an efficient concurring cause, and thus a concurrent proximate cause. Barnet v. New York C. & H. R. R. R. Co., 222 N. Y. 195; Meritt v. Earle, 29 id. 115; Michales v. New York C. R. R. Co., 30 id. 564; Read v. Spaulding, id. 630; Bostwick v. Baltimore & O. R. R. Go., 45 id. 712; Condict v. Grand Trunk R. Co., 54 id. 500. But the rule of law is not applicable here because, by the Carmack amendment,, the federal law was made to apply to all interstate shipments, and this is an interstate shipment, being from a state to a territory. Under the federal rule delay alune, whether reasonable or unreasonable, is, as matter of law, not a concurrent proximate cause with an act of God. Barnet v. New York C. & H. R.
Judgment reversed, with $30 costs, and judgment directed for the 'plaintiffs for $511.02, with appropriate costs in the court below.
Bijur and Wagner, JJ., concur.
Judgment reversed, with thirty dollars costs.