When the cabbage were put in the cars, furnished by defendant for them, it was its duty to transport them to the consignee, and in issuing a bill of lading it must issue it according to the facts. Defendant refused to ship the cabbage unless plaintiff would accept a bill of lading with a notation upon it
These facts were properly proved under the complaint. It alleged that the plaintiff loaded the cabbage into defendant’s car and requested it to transport them to the consignee; that the defendant wholly refused and neglected to issue to the plaintiff a bill of lading and deliver the same to the consignee, and that by reason of the defendant’s failure to transport the cabbage and give plaintiff a bill of lading, according to its duty, the cabbage were injured and the plaintiff suffered loss of the value thereof. The recovery is well justified by the allegations of the complaint and the evidence.
It is not necessary to set forth in a pleading all the circumstances attending a transaction; the facts may be stated according to their legal effect. (Brown v. Champlin, 66 N. Y. 214; Kunz v. Bosselman, 131 App. Div. 288.)
I, therefore, favor affirmance.
All concurred, except Woodward, J., who dissented in opinion, in which Cochrane, J., concurred.