Johanson

The plaintiff in error seeks by this writ of error to review the ruling of the court below in sustaining the objections of the defendants in error to the introduction of any evidence on the part of the plaintiff in error on the trial on the ground that the complaint of the plaintiff in error failed to state a cause of action, and in directing the jury to return a verdict for the defendants in error. The complaint alleged in substance the following: That the *511 defendants in error were the owners of the steamer Monarch, which was plying between Dawson in the Yukon territory of Canada and Chena in the district of Alaska; that on or about July 26, 1904, the plaintiff in error and the defendants in error entered into a verbal contract, by the terms of which the latter agreed to transport for the former a boiler, engine, and other machinery connected with a sawmill at Eagle in said district of Alaska, a team of horses and wagon, the plaintiff in error and two of his employees, from Eagle to Chena, for the agreed price of $55 per ton for the freight, and $40 each for the plaintiff in error and his employees; that on or about August 1, 1904, the plaintiff in error had his said freight…