Spring v. Bowne

This is an appeal from a judgment entered on a verdict of a jury. The suit was brought to recover damages for an injury to a canal boat. There is no exception in the case, except to *47a denial of the motion to dismiss the complaint, made when plaintiff rested, and again when the evidence was closed. The action was one which, under the old practice, would have been called an action on the case. The plaintiff undertook to transport in his canal boat a cargo of coal, consigned to the defendant from Weehawken to Zeregas dock, in Westchester creek, and he claimed that, upon his arrival at the creek,…