Rideout

This action was brought to recover damages for injuries to personal property. Judgment was in favor of defendant, and the appeal is prosecuted by plaintiff from said judgment.

Respondent was the owner of a certain steamer, known as the “Crockett,” plying upon the waters of San Francisco Bay and tributary rivers. For purposes of docking, he had rented from the board,of state harbor commissioners certain space on one of the piers at San Francisco. At the portion of the pier used by respondent’s steamer there ivas an apron which was lowered from the pier to the boat for the purpose of ingress and egress. It was so arranged as to be raised or lowered according to the tide and was kept in place by two iron pins, one on each side, which were passed through holes in two suspension bars.

On the 21st of April, 1915, the parties hereto entered into a written agreement by which plaintiff agreed to furnish to defendant oil for fuel to be used in various steamers, among them being the “Crockett.” There was a clause in the contract to the effect that defendant ‘ guaranteed proper unloading facilities and access to dock. ’ ’

On January 22, 1916, defendant’s bookkeeper ordered oil for delivery…