Darrall v. Southern Pacific Co.

The opinion of the court was delivered by

Miller, J.

The plaintiff seeks to make defendant liable for the value of his sugar onboard of a barge sunk with its cargo, by coming in contact with a cluster of piles or fenders placed by defendants in Berwick’s Bay to protect the railroad bridge of defendants, constructed across the bay near the place of the loss.

The sugar was intended for transportation on the railroad, and the barge was used by the defendants to convey the sugar from plaintiff’s plantation to the bay, to be placed on defendant’s cars. The petition charges the cluster of piles to be…