White v. Steam-Tug Mary Ann
California Supreme Court
Appear from the District Court of the Twelth Judicial District. Plaintiff brought his action against the steam-tug under the 317th section of the Practice Act, claiming damages under the following state of facts, as proved on trial. The Humboldt Lumber Manufacturing Co. appeared and defended as owners of defendant: Defendant is a steam-tug owned by the Humboldt Lumber Manufaeturing Company.
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Appear from the District Court of the Twelth Judicial District. Plaintiff brought his action against the steam-tug under the 317th section of the Practice Act, claiming damages under the following state of facts, as proved on trial. The Humboldt Lumber Manufacturing Co. appeared and defended as owners of defendant: Defendant is a steam-tug owned by the Humboldt Lumber Manufaeturing Company. Plaintiff’s witnesses testified that defendant was used for the business of towing vessels for hire across the bar at Humboldt Bay, and that she was advertised to tow all vessels. The witnesses for…
1Opinion of the CourtJustice Heydenfeldt
Mr. Justice Terry concurred.
The first point made by the appellant is that “ the contract is not for the transportation of persons or property,” etc.
The rule of law in the construction of remedial statutes requires great liberality, and whenever the meaning is doubtful, it must be so construed as to extend the remedy. The objection in such cases goes only to the form of the action, and does not affect the merits of the controversy; it therefore does not commend itself so as to demand a rigid interpretation. We think that the towing of a vessel out to sea by a steamer, is the transportation of…
2Cited by17 opinions
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- City of Salinas v. Souza & McCue Construction Co.California Supreme Court · 1967
- Cullerton v. MeadCalifornia Supreme Court · 1863
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