Eastern Steamship Corp. v. Egan

Appellant, defendant below, appeals from a final judgment for money damages resulting from personal injuries to appellee, plaintiff below, entered by the trial court as the result of a trial before the court without a jury. The parties will be referred to as they stood in the trial court.

Defendant’s primary contentions on appeal are: (1) that the trial court erred in striking defendant’s affirmative defense relating to the statute of limitations upon plaintiff’s motion to strike such defense prior to trial, (2) that there is insufficient evidence in the record to sustain a finding of fact by…