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UNEEDA HOME APPLIANCES v. LONG IS. R.R.

49 Misc.2d 953 (1966)

Uneeda Home Appliances, Inc., Respondent, v. Long Island Rail Road Company, Appellant, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

March 9, 1966

Attorney(s) appearing for the Case

George M. Onken and Donald E. Lampson for appellant. Leon Brickman for respondent.

BROWN, McDONALD and SCHWARTZWALD, JJ., concur.

Per Curiam.

Plaintiff may not recover for damages to its goods in the absence of a showing that they were delivered to defendant carrier in a good condition (Orunstein v. New York Cent. R. R. Co., 179 App. Div. 465). This burden is not met by a recital in the bill of lading that the goods were received in apparent good order (Miller v. Hannibal & St. Joseph R. R. Co., 90 N.Y. 430; Jean, Garrison & Co. v. Flagg, 45 Misc. 421). In...

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