Gilson v. Madden

Present — Marvin, Lamont and Barker, JJ.

By the Court

— Lamont, J.

This is an appeal from a judgment entered on verdict for the plaintiff, and also from an order at Special Term, denying defendant’s motion heard on the judge’s minutes, for a new trial.

The action is brought to recover a balance due for freight on a quantity of coal transported on plaintiff’s boat, from Buffalo to Rochester via the Erie canal. There was a further claim for demurrage, or detention of the boat at Buffalo, but no question arises in the case, except as to the liability of the defendant for the balance due for freight,…