Appellate Terms of the Supreme Court of New York, 1904

Hoffberg v. Bumford

Hoffberg v. Bumford
Appellate Terms of the Supreme Court of New York · Decided June 23, 1904 · Scott
88 N.Y.S. 940 (New York Supplement)

Counsel

Max Schleimer, for appellant., Lavelle & Gordon, for respondent.

Hoffberg v. Bumford

Opinion of the Court

SCOTT, J.

The uncontradicted evidence was to the effect that the defendant, acting as a carrier for hire, undertook to carry a sewing machine, the property of plaintiff; that the machine was in good order and unbroken when delivered to defendant, and was broken and of much less value when delivered by her. This cast the burden upon her of showing that the injury was due to no negligence on her part, and this burden she did not sustain.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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