H. P. Smith Co. v. Suttich
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. George A. Sturtevant, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
—Defendant was the owner of a warehouse built out over the water of the bay of San Francisco. Plaintiff, under agreement with defendant, had certain hay stored in said warehouse and on December 10, 1906, during a storm, the warehouse was demolished and the hay fell into the water. The plaintiff alleged that the accident was caused by defendant’s negligence in allowing the piling and supports of the warehouse to become decayed and out of repair and in failing to provide proper protection from the wash of drift against it, and it prayed for damages in the sum of $3,500.
Defendant denied that the…
2Cases cited3 opinions
- Marr v. RhodesCalifornia Supreme Court · 1900
- Hayden v. HaydenCalifornia Supreme Court · 1873
- Hayes v. WetherbeeCalifornia Supreme Court · 1882
3Cited by1 opinion
- Quealy Land & Livestock Co. v. GeorgeWyoming Supreme Court · 1937