San Francisco Bay Toll-Bridge Co. v. Leslie California Salt Co.
Opinion
Lead Opinion
Nourse, J.
This is an appeal from a judgment denying plaintiff relief in an action for damages and awarding defendant damages against the plaintiff. The cause was tried by the court without a jury and the appeal is taken upon typewritten transcripts.
On the evening of April 8, 1929, the steamer “Pyramid”, owned and operated by the defendant, collided with the northwest dolphin of the bridge, owned and operated by the plaintiff and spanning the southern part of San Francisco Bay between Alameda County and San Mateo County. At about 8:38 P. M. of that day the “Pyramid”, proceeding southerly from San Francisco, had reached a point about a mile north of the bridge and there gave the required signal for the bridge tender to raise the lift span of the bridge to permit the vessel to pass through. No answering signal came from the bridge and a second signal was given with like result. The captain of the “Pyramid” then had its engines stopped and gave a third signal with the vessel proceeding at slow, or half speed, ahead. This was answered with a signal from the bridge tender for the vessel to come ahead, which it did at slow, or half speed, until it had reached a point about 400 feet from the…