New York Court of Appeals January 15, 1878 (Carpenter v. . Eastern Transportation Co.)

Rapallo, J.

We are of opinion that the court did not err in refusing to dismiss the complaint, or to direct a verdict for the defendant. It was conceded that the defendant was not liable as a common carrier, but only for negligence; and although, upon the question of negligence, there was evidence from which the jury might, perhaps, have found that the loss of the plaintiff’s boat was occasioned