17 Ga. App. 290 | Ga. Ct. App. | 1915
Allen brought suit in trover, with bail, to recover a certain gasoline-launch boat about 25 feet long, as well as certain other articles, apparently accessories to the use of the boat. At the conclusion of the testimony for the plaintiff the judge awarded a nonsuit, and exception is taken to this judgment.
According to the testimony of the' plaintiff and his witnesses, the boat, which was unnamed, was left by Allen on February 21, 1914, securely fastened at the dock in Fernandina, Fla. The bowline was tied securely to a cleat on the dock, and the stern line was fastened to the rigging of a fishing schooner. On the morning of February 22 the bow-line had been loosed from the dock, and the stern line had been cut near the deck of the launch, and the launch was gone. Allen heard nothing more of the boat until the 18th of August, 1914, when it was found on Cumberland Island, about a mile from the dock at High Point, at a-place about 200 feet from high-water mark, under a tree in some palmettoes, near the house of Frank Fader. The deck had been changed and other alterations had been made. Fader was arrested at High Point after the boat