Southern Pacific Co. v. Von Schmidt Dredge Co.
California Supreme Court
APPEAL from a judgment of the Superior Court of tbe City and County of San Francisco and from an order denying a new trial. J. C. B. Hebbard, Judge. Tbe facts are stated in tbe opinion of tbe court.
1Opinion of the CourtHenshaw, J.
Plaintiff sued to recover damages for injuries sustained by two of its barges while under charter to defendant company. Plaintiff is a corporation, defendant a copartnership.
Tbe complaint contained two counts, tbe first tendered issue upon tbe violation of a covenant in a written contract, while the second charged defendant with failing to exercise the ordinary care required of a bailee for hire. (Civ. Code, sees. 1928-30.)
It is undisputed that defendant took the barges upon December 20th, and returned them upon January 2d following. Under the first count defendant denies that it covenanted…
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