¶1There was sufficient evidence adduced upon the trial to warrant the justice in finding, as is assumed from the judgment, that the wheels were transported by the defendant, under a special contract, at the plaintiff’s risk of damage.
¶2The burden was therefore upon the plaintiff to show facts taking the case out of the operation of the exemption clause. Whitworth v Erie R. Co., 87 N. Y. 413, 419; Canfield v. Baltimore & Ohio R. R. Co., 93 id. 532. This he wholly failed to do, and, under the circumstances, we have no alternative other than to affirm, the judgment.
¶3Present: Beekmait, P. J., G-iegebioh and O’Gobmait, JJ.
¶4Judgment affirmed; with costs.