Putnam (D) owned an island and dock. Ploof (P) and his family were sailing when a tempest arose and forced him to moor at D's dock. D's servant set the boat free and the boat wrecked against the land. P and his family were injured, and the boat was destroyed. P sued in trespass, charging that D by his servant with force and arms willfully and designedly unmoored the sloop. The second cause alleged that it was the duty of D by his servant to permit P to moor his sloop to the dock, and to permit it to remain so moored during the continuance of the tempest, but that D by his servant, in disregard of this duty, negligently, carelessly and wrongfully unmoored the sloop. D demurred to both counts. D claimed that P could have moored his boat somewhere else. The trial court ruled for P. D appealed.

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