Johnston
Johnston v. Beadle
Opinion
Lead Opinion
Hall, J.
Appeal from judgment and order denying defendants’ motion for a new trial.
The action was brought to recover damages for injuries received by plaintiff while a passenger on the steamer “Point Arena,” and the verdict and judgment were in favor of plaintiff.
While the plaintiff was a passenger on the steamer “Point Arena,” voyaging from San Francisco to Little River in Mendocino county, the steamer struck on the rocks near Point Fort Ross, and plaintiff, while attempting to get out of her berth, was thrown or fell to the floor and was injured.
It is insisted by appellants “that there is absolutely no evidence of negligence on the part of the defendants to sustain the verdict and judgment,” and also that “the evidence did not show any negligent act on the part of the defendants which was the proximate cause of the injuries complained of.”
After a careful examination and consideration of the evidence in the record we are satisfied that neither of these contentions of appellants can be sustained. The evidence is sufficient to justify the conclusion that the vessel ran on the rocks because of the negligence of defendants, and that such running on the rocks was the proximate cause of…