Burke v. W. R. Chamberlin & Co.

Plaintiff’s action is for damages resulting from injuries received while at work in the hold of defen*421dant’s steamship moored in Los Angeles Harbor. While so working a 4" x 4" timber, four feet long, herein referred to as a landing block, was catapulted from the dock causing the serious bodily bruises of which he has complained. He at first sued San Pedro Lumber Company, whose agent had superinduced the flight of the landing block from the surface of the dock. Por a consideration he agreed by a writing to dismiss that action and not to prosecute the Lumber Company again.

We have before us two…