Weis v. St. Louis & S. F. R.

There was not the slightest evidence of a through contract. The mere statement of the clerk who received them, to the *994effect that they would be sent to New York, is no evidence of a special contract.

The judgment should be affirmed, with costs.

GREENBAUM, J., concurs.

(dissenting). On the respondent’s .own theory of the law, the judgment should be reversed. The witness Zimlinslcy testified that the agent who received the goods said to the plaintiff that they would be sent to New York. This afforded evidence of a special contract on the defendant’s part to transport the goods beyond its own lines and to the place of destination.

The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.