34 A.D.2d 770 | N.Y. App. Div. | 1970
Judgment entered May 7, 1969, after a nonjury trial, awarding recovery to plaintiff in the first and second causes against the defendant J. & J. Trucking Co., Inc., and against the defendant S. Stern & Co. on the third cause of action in the sum of $18,576.88, with interest, unanimously modified on the law, to the extent of vacating the latter judgment on the third cause of action against Stern, and a new trial on that single cause of action is directed; except as modified, the judgment is affirmed, with $50 costs and disbursements to defendant S. Stern & Co. An agent engaged to arrange for the shipment of goods, absent express instructions to the contrary from his principal, has authority to enter into a usual and customary shipping contract which limits the carrier’s liability. The agent has only the duty to make a reasonable choice as to the carrier with whom he contracts. (Field v. Banker, 9 Bosw. 467, 479; see Nelson v. Hudson Rim. R. R.