Stuart v. D. N. Kelley & Son, Inc.

This action of contract or tort is brought to recover for the loss of certain property alleged to have been stored on the plaintiff’s vessel while it was in the defendant’s shipyard for repairs. The judge found for the plaintiff in the sum of $710.05. The Appellate Division *77vacated this finding and ordered judgment for the defendant. The plaintiff appealed.

Material findings and rulings of the judge are these: On or about November 15, 1947, the plaintiff entrusted his vessel, the “Lady Stuart,” to the defendant for repairs. While the boat was on the ways in the defendant’s shipyard property…