Question
The defendant owned a dock. The defendant's employee was in charge of the dock when the plaintiff and his family were sailing a storm arose
The defendant owned a dock. The defendant's employee was in charge of the dock when the plaintiff and his family were sailing a storm arose and the plaintiff was forced to tie his boat to the defendant's dock. The defendant's employee untied the plaintiff's boat and the defendant's boat was destroyed when it drifted onto the shore. The defendant sued for trespass to personal property (the dock), claiming that it was the defendant's employee's duty to allow the plaintiff to tie his boat to the defendant's stock. The trial court ruled for the defendant. The plaintiff appealed. What results with respect to the plaintiff's appeal, in a jurisdiction which follows the rule and reasoning of Vincent V lake Erie transportation co?
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