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Appellate Division of the Supreme Court of New York, 1912

Sea Coast Lumber Co. v. Clyde Steamship Co.

Sea Coast Lumber Co. v. Clyde Steamship Co.
Appellate Division of the Supreme Court of New York · Decided January 19, 1912 · Clarke
148 A.D. 622; 133 N.Y.S. 303; 1912 N.Y. App. Div. LEXIS 5949

Counsel

Henry J. Bigham of counsel [Harrington, Bigham & Englar, attorneys], for the plaintiff., Norman B. Beecher of counsel, Ray Rood Allen with him on the brief [Burlingham, Montgomery & Beecher, attorneys], for the defendant.

Sea Coast Lumber Co. v. Clyde Steamship Co.

Opinion of the Court

Clarke, J.:

In this case the facts are similar to those presented in Jennings v. Clyde Steamship Co. (148 App. Div. 615), decided herewith, with the exception that the goods were first transported by railroad to Jacksonville, Fla., and were there loaded upon the Onondaga and were transported to Boston on the *623same voyage' and were destroyed in the same fire, under a similar bill of lading. The partial transportation by rail, preliminary to the transport by water, creates no different situation, and, for the reasons stated in the Jennings case, judgment should he directed for the defendant, with costs.

Ingraham, P J., Laughlin, Scott and Miller, JJ., concurred.

• Judgment ordered for defendant, with costs. Order to he settled on notice.

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