Legal Opinion

Smith v. Occidental & Oriental Steamship Co.

California Supreme Court

Decided September 1, 1893No. 15084PublishedCited by 63 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. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

The plaintiff, while employed as a stevedore upon the defendant’s steamship Oceanic, on the 17th of November, 1889, fell through an open hatchway, breaking his leg and sustaining other serious injuries, and brought this action to recover damages therefor, alleging that they were caused by the negligence of the defendant. The jury rendered a verdict in his favor for three thousand dollars, and from the judgment thereon and an order denying a new trial the defendant has appealed.

On the morning of that day the defendant with several others was directed by the foreman of the stevedoring work of…

2Cases cited11 opinions

  1. Swoboda v. WardMichigan Supreme Court · 1879
  2. Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
  3. Freedley v. FrenchMassachusetts Supreme Judicial Court · 1891
  4. American Co. v. BradfordCalifornia Supreme Court · 1865
  5. Ingerman v. MooreCalifornia Supreme Court · 1891

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3Cited by63 opinions

  1. Casey v. ProctorCalifornia Supreme Court · 1963
  2. Palmquist v. MercerCalifornia Supreme Court · 1954
  3. Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
  4. Schneider v. Market Street Railway Co.California Supreme Court · 1901
  5. Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906

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