
    Higginbotham-Bailey-Logan Company, Respondent, v. Andrew W. Mellon, Director-General of Railroads, Appellant.
    
      Carriers — railroads — action to recover for failure to deliver goods shipped — defense of failure to give notice as required by bill of lading.
    
    
      Higginbotham-Bailey-Logan Co. v. Mellon, 216 App. Div. 806, affirmed.
    (Argued November 30, 1926;
    decided December 31, 1926.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1926, affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover for non-delivery of goods shipped over the Lehigh Valley railroad at New York for delivery at Dallas, Texas. The defense was failure to comply with a provision in the bill of lading requiring notice within six months after a reasonable time for delivery of the goods had elapsed. ,
    
      Clifton P. Williamson and H. S. Ogden for appellant.
    
      Charles Adkins Baker for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  