Transportation Line v. Hope

ERROR to the Circuit Court of the United States for the Eastern District of Pennsylvania.

This was an action on the case by Hope, the plaintiff below, to recover damages for the loss of the canal barge or vessel 'Mary E. Loughney,' her cargo, and for freight there n. The plaintiff alleges, in substance, that he delivered the barge, valued at $3,000, to the defendant, to be towed, for a certain sum to be paid therefor, from Jersey City to New Haven; and that, by reason of gross and culpable negligence, and the want of ordinary care and skill of the defendant in towing and conducting the barge, she became totally lost. The defendant pleaded the general issue. The jury found for the plaintiff for $2,125.30; and, judgment having been rendered thereon, the defendant brought the case here.

The remaining facts, the charge as given and that refused, as well as the assignment of errors, are set forth in the opinion of the court.

Mr. J. C. Gray for the plaintiff in error.

No counsel appeared for the defendant in error.

MR. JUSTICE HUNT delivered the opinion of the court.