Majority
p. 991Charles G. Gabrielson, Resp’t, v. Frederic Waydell et al., App’lts.
Headnote
Exceptions ordered to be heard in the first instance at the general term, and .an appeal from an order denying defendants’ motion for a new trial.The action was brought to recover damages for personal injuries received by
p. 992
•plaintiff at the hands of the captain of the bark Rebecca Caruana while upon the high seas. 1
If. B. Hoxie, for app’lts; George P. Gorclel, for resp’t.
A careful examination of the case fails to disclose merit in any exception taken at the trial. The law applicable to the facts presented by the evidence was correctly stated at the trial by the learned judge who presided. The charge was full and fair, and afforded all needed protection to the rights of the parties. The motion for a new trial was properly denied. Defendants’ exceptions are overruled and judgment is ordered for the plaintiff upon the verdict, with costs. Gildersleeve, J., concurs.