Hall v. The Bark "Emily Banning"
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action to recover the .value of the contents of the jilaintiff’s trunk, lost from the defendant at sea. The principal issue of fact tried was as to the contents of the trunk and their value, on which points the evidence was conflicting. On plaintiff’s motion, the Court below granted a new trial, and from the order granting the same the defendant appealed.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action to recover the .value of the contents of the jilaintiff’s trunk, lost from the defendant at sea. The principal issue of fact tried was as to the contents of the trunk and their value, on which points the evidence was conflicting. On plaintiff’s motion, the Court below granted a new trial, and from the order granting the same the defendant appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Rhodes, J.:
The plaintiff testified to the value of the property in the lost trunk,' giving the value of each item. The Captain of the bark and two others testified to the statements of the plaintiff made out of Court at one time, to the effect that the articles in the trunk consisted of play hooks, etc., and were of little value, and at another time that they constituted her wardrobe, etc., and were of the value of about one thousand dollars. The latter testimony may he regarded in two aspects: First, as evidence tending to impeach the plaintiff *524as a witness; and second, as…
2Cases cited5 opinions
- McGarrity v. ByingtonCalifornia Supreme Court · 1859
- Quinn v. KenyonCalifornia Supreme Court · 1863
- Bensley v. AtwillCalifornia Supreme Court · 1859
- Walton v. MaguireCalifornia Supreme Court · 1860
- Weddle v. StarkCalifornia Supreme Court · 1858
3Cited by26 opinions
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- Pendell v. Westland Life InsuranceCalifornia Court of Appeal · 1950
- Serles v. SerlesOregon Supreme Court · 1899
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