Nature of the Case
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Facts
P was a cabin passenger from on D's steamer. D was assigned to a stateroom on the boat. P had upon his person the sum of $ 160 in money for the purpose of defraying his expenses of the journey. P, on retiring for the night, left this money in his clothing in the stateroom, having locked the door and fastened the windows. During the night it was stolen by some person who apparently reached it through the window of the room. P sued D. P's relations to D as a passenger, the loss without negligence on his part, and the other fact that the sum lost was reasonable and proper for him to carry upon his person to defray the expenses of the journey, have all been found by the verdict of the jury in favor of P. D appealed. The judgment entered upon the verdict was affirmed at General Term, and that court has allowed an appeal to this court.
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