Continental Leather Co. v. Liverpool, Brazil & River Plate Steam Navigation Co. 230 A.D. 785

Judgment and order modifying judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. Plaintiff sought to recover upon the theory of an express contract evidenced by a bill of lading, of which no proof was given. The court was not warranted in directing a verdict upon plaintiff’s testimony as to the cause of the damage and the damage. Lazansky, P. J., Rich, Young and Carswell, JJ., concur; Hagarty, J., dissents.