Legal Opinion

Davies v. Oceanic Steamship Co.

California Supreme Court

Decided May 28, 1891No. 13933PublishedCited by 9 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial.

1Opinion of the CourtDe Haven, J.

— This is an action by the plaintiff, as administratrix, to recover damages for the death of H. B, Davies; the complaint alleges that said death was caused by the negligence of defendant, its servants and employees. Plaintiff recovered judgment for the sum of seven thousand dollars.

1. It is claimed by the appellant that the complaint does not state a cause of action, in that it does not show that the defendant failed in the discharge of any duty it owed to the deceased. It is urged that the negligence with which appellant is charged is the leaving unprotected an open hatchway on its vessel,…

2Cases cited5 opinions

  1. Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
  2. People v. JacobsCalifornia Supreme Court · 1874
  3. Belton v. . BaxterNew York Court of Appeals · 1874
  4. The GermaniaDistrict Court, S.D. New York · 1878
  5. Valle v. ObenhauseSupreme Court of Missouri · 1876

3Cited by9 opinions

  1. Stephenson v. S. Pac. Co.California Supreme Court · 1894
  2. Smith v. Occidental & Oriental Steamship Co.California Supreme Court · 1893
  3. Cunningham v. Los Angeles Railway Co.California Supreme Court · 1897
  4. Radisich v. Franco-Italian Packing Co.California Court of Appeal · 1945
  5. Packer v. WagnerCalifornia Court of Appeal · 1930

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