FIRE ASSN. OF PHILA. v. ISBRANDTSEN CO.


199 Misc. 257 (1950)

Fire Association of Philadelphia, Appellant, v. Isbrandtsen Company, Inc., Respondent, et al., Defendants.

Supreme Court, Appellate Term, First Department.

October 26, 1950.


Attorney(s) appearing for the Case

William R. Vincent for appellant.

Robert A. Hendrickson for respondent.

EDER, SCHREIBER and HECHT, JJ., concur.


Per Curiam.

This action is maintainable by a subrogee who may bring such suit within one year, notwithstanding the failure to give notice of a defect in the shipment within three days after delivery. Upon failure to give such notice, however, there is a presumption of good delivery in favor of the carrier, which claimant must overcome by proof.

In the statute, the Carriage of Goods by Sea Act (§ 3; U....

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