PFIZER & CO. v. ACME FAST FREIGHT


36 Misc.2d 546 (1962)

Chas. Pfizer & Co., Inc., Plaintiff, v. Acme Fast Freight, Inc., Defendant.

Civil Court of the City of New York, Trial Term, New York County.

October 15, 1962


Attorney(s) appearing for the Case

Bailey & Muller (Robert F. Doran of counsel), for plaintiff. Clark, Carr & Ellis (John T. Moran, Jr., of counsel), for defendant.


GUY GILBERT RIBAUDO, J.

By this action, plaintiff seeks to recover the actual value of three lost interstate shipments (each weighing 143 pounds) which delivered to defendant, a common carrier operating under the Interstate Commerce Act (U. S. Code, tit. 49, § 1 et seq.). The value of each shipment is conceded to be $859.58 and, accordingly, plaintiff seeks judgment for $2,579.94.

Defendant, however, points to the bill of lading whereunder...

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