City of Los Angeles v. Grace Steamship Co.

It appears that the defendant is the owner of a tank steamship which at the time in question was berthed in the port of Los Angeles, which harbor was under the direct control of the harbor department of the plaintiff, and that the action of the defendant in shifting the position of said ship from the berth then occupied by it to another berth, which at that time was vacant and open to occupancy, resulted in damage to one of the wharves owned by the plaintiff. In an action subsequently brought by the plaintiff against the defendant for such damage, judgment was rendered in favor of the defendant, from which the plaintiff appeals to this court.

Appellant attacks the findings of fact made by the trial court to the effect that in compliance with compulsory requirements of the rules governing the port of Los Angeles, the pilot, who was supplied by the plaintiff at the request of the defendant, was in the employ of the plaintiff, but was in charge of the ship of the defendant continuously during the time that the change in the respective positions of the ship was being accomplished; and that the damage to the wharf of the plaintiff “was caused by the negligence of said compulsory pilot…