Pacific Telephone & Telegraph Co. v. Standard American Dredging Co.

The plaintiff sued the defendants for damages caused by injury to its cable. The ease was tried by the trial court without á jury, a jury having been expressly waived. The plaintiff had judgment, both defendants appealed, and have brought up the judgment-roll and a bill of exceptions. Each defendant claims that the responsibility for the wrong complained of rests on the other defendant. The trial court made findings which included, among others, findings to the effect that at the time of the injury complained of, the plaintiff was the owner of a certain telegraph and telephone cable resting on the bottom of San Francisco Bay, parallel with and along the north side of Long Wharf,- that it had complied with the provisions of sections 536-540 of the Civil Code as to marking by monuments and giving, notice of the locus of said cable; that the defendants at all times had knowledge and notice of the locus of said cable; that on July 14, 1912, the defendants negligently failing to take any precautions or take proper or any care to avoid striking or damaging said cable, drove certain piles upon said cable and thereby crushed, severed, and damaged the cable. From the bill of exceptions it…