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Sejalon v. Woolverton

Supreme Court, Appellate Term
Apr 1, 1900
31 Misc. 752 (N.Y. App. Term 1900)

Opinion

April, 1900.

William H. Chorosh, for appellant.

Lockwood Hill (Joseph E. Russell, Jr., of counsel), for respondent.


There was sufficient evidence adduced upon the trial to warrant the justice in finding, as is assumed from the judgment, that the wheels were transported by the defendant, under a special contract, at the plaintiff's risk of damage.

The burden was therefore upon the plaintiff to show facts taking the case out of the operation of the exemption clause. Whitworth v. Erie R. Co., 87 N.Y. 413, 419; Canfield v. Baltimore Ohio R.R. Co., 93 id. 532. This he wholly failed to do, and, under the circumstances, we have no alternative other than to affirm the judgment.

Present: BEEKMAN, P.J., GIEGERICH and O'GORMAN, JJ.

Judgment affirmed, with costs.


Summaries of

Sejalon v. Woolverton

Supreme Court, Appellate Term
Apr 1, 1900
31 Misc. 752 (N.Y. App. Term 1900)
Case details for

Sejalon v. Woolverton

Case Details

Full title:CHARLES R. SEJALON, Appellant, v . WILLIAM H. WOOLVERTON, as President of…

Court:Supreme Court, Appellate Term

Date published: Apr 1, 1900

Citations

31 Misc. 752 (N.Y. App. Term 1900)