Alexson

The defendants appeal from a judgment against them in favor of plaintiff.

The original complaint alleged that the defendants were copartners “engaged in the business of transporting freight as a public carrier, on the Sacramento River”; that the Leed Granite Company was a corporation; that in July, 1917, the Leed Granite Company delivered to defendants a shipment of granite, under an agreement whereby the defendants agreed to transport the same from Sacramento to Hunter’s Point; that the “defendants so negligently and carelessly handled the barge upon which said granite was being transported that said barge sunk in the Sacramento River on or about July 5, 1917”; that thereafter the defendants employed the said Leed Granite Company to raise the cargo of granite and agreed to pay all “expenses incurred in raising -the said, granite as aforesaid and in putting the said granite in the condition the granite was in prior to the sinking of the said barge”; that the Leed Granite Company performed said work at a cost of $1,570.86; and that prior to the commencement of the action the Leed Granite Company assigned its claim for such expenses to the plaintiff.

The defendants answered,…