
    William T. Drew, Respondent, v. William M. Barrett, as President of the Adams Express Company, Appellant.
    Judgment and order of the City Court of Mount Vernon reversed and complaint unanimously dismissed, with costs. Under the terms of the contract evidenced by the bill of lading, defendant was not to be liable unless the injury or loss be caused by defendant or its servants; also the shipper agreed as a condition precedent to any recovery that “ such loss or damage should be proved by the shipper to have been caused by the negligence of the carrier.” In a live stock bill of lading such clauses are valid. As negligence was not proven, plaintiff must fail in his action.
   Jenks, P. J., Rich, Putnam, Blackmar and Jaycox, JJ., concur.  