Sea Coast Lumber Co. v. Clyde Steamship Co.

Full title: SEA COAST LUMBER COMPANY, Plaintiff, v . CLYDE STEAMSHIP COMPANY, Defendant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 19, 1912

148 App. Div. 622 (N.Y. App. Div. 1912)

133 N.Y.S. 303

Opinion

January 19, 1912.

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.

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 same 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 be directed for the defendant, with costs.

INGRAHAM, P.J., LAUGHLIN, SCOTT and MILLER, JJ., concurred.

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