J. M. Brown, Inc. v. W. P. Fuller & Co.

This was an action to recover the sum of $4,319.67 for damages alleged to have been suffered by the plaintiff through the defendant’s alleged breach of contract. The trial court gave judgment for the plaintiff in the sum of one thousand six hundred dollars from which the defendant now appeals.

In substance the facts of the case are these. By oral agreement the appellant chartered the plaintiff’s steamer “Napa City” for a certain period and rate of compensation, agreeing to return the vessel at the end of the period in the same condition it was in at the time of the charter except wear and tear. During the period of the hiring and while under the control of the appellant the “Napa City” became wrecked and sunken. The respondent sustained losses as the result of the disablement and sinking of the vessel in the sum found and fixed by the judgment. The primary point presented for consideration and determination is whether or not the appellant, by the terms of the agreement, assumed the risk and responsibility of an absolute insurer rather than that of an ordinary bailee. The appellant contends that, by the terms of the contract, it assumed no such responsibility or liability, and…