107 N.Y.S. 21
Appellate Terms of the Supreme Court of New York
Decided November 29, 1907
Appellate Terms of the Supreme Court of New York · decided 1907-11-29
Action by Simon Feld against Edward T. Platt, as treasurer, etc., of the United States Express Company. From a judgment for plaintiff for $531.64, and from an order denying a motion to set aside the verdict and for a new trial, and to reduce the verdict to $50, defendant appeals. Reversed, and new trial ordered.
Decided 1907-11-29
¶1This is the ordinary “baggage case.” There was no affirmative proof that the plaintiff’s agent, to whom the receipt was delivered, was ignorant of its contents. Therefore the request to charge that the burden was on the plaintiff to establish such ignorance was proper, and its refusal error.
¶2Judgment reversed, and new trial ordered, with costs to appellant to abide the event.