Opinion
Argued February 21, 1928
Decided March 27, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
Wilbert J. Ryder for appellant.
Louis Cohn for respondent.
Judgment affirmed, with costs, on the ground that the lost bags were not in the custody of the carrier within the meaning of the policy.
Concur: CARDOZO, Ch. J., CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ. Dissenting: POUND, J.