Rembert v. Whitworth & Poag

This is an action upon a contract of affreightment for damages done to cotton shipped by plaintiff on board of flatboats of defendants, to be carried from Grand Bayou to New Orleans ; said damage alleged to have been caused by the carelessness, recklessness, and want of skill of defendants and their servants.

The defence is, that the damage was occasioned by the unavoidable accidents of navigation, for which defendants are not responsible.

The jury found a verdict for plaintiff, and defendants appeal.

On the trial, defendants excepted to the introduction of the depositions of Phelps, a witness…