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PER CURIAM. This 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.
Judgment reversed, and new trial ordered, with costs to appellant to abide the event.
Document Info
Citation Numbers: 107 N.Y.S. 21
Filed Date: 11/29/1907
Precedential Status: Precedential
Modified Date: 11/12/2024