Legal Opinion

Finn v. Vallejo Street Wharf Co.

California Supreme Court

Decided July 1, 1857PublishedCited by 2 opinions

Appeal from the Superior Court of the City of San Francisco. This was an action against the defendants, a wharf company in the city of San Francisco by the plaintiff, as the owner of a horse and cart, for damages sustained by him, while they were engaged in delivering stone ballast to a ship moored at defendants'” wharf.

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Appeal from the Superior Court of the City of San Francisco. This was an action against the defendants, a wharf company in the city of San Francisco by the plaintiff, as the owner of a horse and cart, for damages sustained by him, while they were engaged in delivering stone ballast to a ship moored at defendants'” wharf. The complaint averred that it was the duty of defendants to keep their wharf in a proper condition, and particularly to provide its edges, fronting upon the water with stringers or backing pieces of sufficient height and strength, so as to prevent carts and other vehicles…

1Opinion of the CourtBurnett, J.

This was an action brought by plaintiff to recover damages occasioned by the negligence of the defendants in failing to keep a certain wharf in proper condition; in consequence of which alleged negligence, plaintiff states that certain property of his, namely, a horse and harness, were destroyed. On the trial, the plaintiff introduced his servant, who was driving the horse at the time of the accident, as a witness. The defendants objected to the witness as being incompetent, upon the ground of interest in the event of the suit. The objection was overruled, and the defendants excepted.

In was…

2Cases cited1 opinion

  1. Noble & Palmer v. PaddockNew York Supreme Court · 1838

3Cited by2 opinions

  1. Jacobs v. Tenneco West, Inc.California Court of Appeal · 1986
  2. Robinson v. RobinsonAppellate Court of Illinois · 1894

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