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BIANCHI v. SEARS, ROEBUCK & CO.

1 N.Y.2d 63 (1956)

Eugene A. Bianchi, Doing Business under the Name of Federal Transportation Lines, Respondent, v. Sears, Roebuck and Co., Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1956.

Attorney(s) appearing for the Case

Ellsworth A. Van Graafeiland and William C. Combs for appellant.

Samuel Levy for respondent.

CONWAY, Ch. J., FULD and BURKE, JJ., concur with VAN VOORHIS, J.; DESMOND, J., dissents and votes to affirm upon the ground that the tariff clearly entitles plaintiff to these disputed charges; DYE and FROESSEL, JJ., taking no part.

VAN VOORHIS, J.

Between January 17, 1947, and July 12, 1949, plaintiff, a common carrier of goods for hire by truck, performed pickup and delivery service in transporting goods from defendant's warehouse at 925 Exchange Street in the city of Rochester, New York, to other cities in the State. After his business relations with defendant ended, he brought this action to recover additional freight charges upon the...

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