New York Court of Appeals March 1, 1898 (Donovan v. . Standard Oil Co.)

*115

O’Brien, J.

The plaintiffs in this action are common carriers upon the lakes, and they have recovered judgment against the defendant on a claim for freight in transporting a cargo of lumber. The defense is, that the plaintiffs failed to deliver over a hundred thousand feet of the lumber constituting the cargo, but suffered the same to be lost on the voyage.