Reniff v. The \Cynthia\""

Where, in suit for damages for collision between plaintiff’s vessel, the “ Gipsy,” and defendant, the complaint, verified, averred that plaintiff had been damaged in the sum of $1,500, and the answer denied plaintiff’s ownership of the “ Gipsy,” or that defendant was in fault, or that “the plaintiff was damaged by reason of such collision in the sum of $1,500and after evidence on both sides as to the damages, the jury found for plaintiff six hundred dollars, and then, on motion of plaintiff, the Court entered judgment in his favor for $1,490: Held, that the Court erred in entering judgment non obstante veredicto after plaintiff had gone into proof as to damages, and the jury had returned a verdict upon the facts; that going into proof, etc., might well have induced defendant not to move to amend his answer, which motion the Court would probably have granted, and hence defendant might have been taken by surprise.

The Court below allowed to enter judgment for plaintiff on the return of the case for the amount of the verdict, if plaintiff so desires; otherwise to retry the cause-

Appellant here made to pay costs, although the judgment is reversed.