Benjamin v. Puget Sound Commercial Co.

The opinion of the court was delivered by

Scott, J.

This is an appeal from a judgment of non-suit. In July, 1890, the bark Savona was wrecked on Dungeness Spit. About two weeks after that the appellant entered into an oral contract with respondents, each of whom owned a tug-boat, providing that said tugs should, at a certain time, proceed to where said bark was wrecked, and, at a time and in a manner specified, pull upon her for the purpose of moving her into deep water. The question to be determined is, whether the appellant had introduced any testimony entitling him to recover. The facts are…