Legal Opinion

Wilson v. Cross & Co.

California Supreme Court

Decided July 15, 1867PublishedCited by 8 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The protest of the officers of the vessel was received in evidence in the Court helow, on behalf of the master, without objection. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Currey, C. J.:

This action was brought by the plaintiff, master of the British bark Harwood, against the defendants, owners and consignees of a portion of the cargo of the bark, for contribution in general average. The complaint alleges the proper facts constituting a cause of action, setting forth that the

*67vessel was seaworthy when she left the port of Glasgow, Scotland, for the port of San Francisco, and that her deviation from her proper course and entering the port of Elo de Janeiro was necessary for her safety and the safety of her cargo ; and that the damages sustained by…

2Cases cited3 opinions

  1. Putnam v. WoodMassachusetts Supreme Judicial Court · 1807
  2. Kimball v. GearhartCalifornia Supreme Court · 1859
  3. Ritter v. StockCalifornia Supreme Court · 1859

3Cited by8 opinions

  1. Tupman v. HaberkernCalifornia Supreme Court · 1929
  2. Crisman v. LantermanCalifornia Supreme Court · 1906
  3. Reay v. ButlerCalifornia Supreme Court · 1892
  4. Burbank v. RiversNevada Supreme Court · 1887
  5. Lander v. BeersCalifornia Supreme Court · 1874

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