
    Austin Nichols & Co., Inc., Appellant, v. Compania Trasatlantica, Respondent.
    (Argued June 10, 1927;
    decided July 20, 1927.)
    
      Carriers — negligence — action to recover for loss of merchandise through leakage — exemption in bill of lading of liability therefor — erroneous submission to fury in absence of evidence of negligence.
    
    
      Nichols & Co., Inc., v. Compania Trasatlantica, 213 App. Div. 660, affirmed.
    Appeal from a judgment, entered January 7, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover for loss of olive oil shipped by plaintiff on one of defendant’s steamers from Malaga, Spain, to New York. It was alleged that the containers were damaged and broken through the negligence of defendant in loading, stowing, transporting and discharging the merchandise. The answer set up as defenses clauses in the bill of lading exempting defendant from liability for breakage or leakage. The Appellate Division held that there was no evidence in the record of negligence on the part of defendant, that the damage to plaintiff’s merchandise fell within the exceptions of the bill of lading and that it was erroneous to submit the question of negligence to the jury.
    
      Wilson E. Tipple and Adolph Hansen for appellant.
    
      John W. Crandall and H. Victor Crawford for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  