Stockton Lumber Co. v. California Navigation & Improvement Co.

This is an appeal by defendant from an order granting plaintiff’s motion for a new trial.

The action was to recover the value of certain lumber received by defendant to be transported by defendant’s barge, under tow by steamer, from the bay of San Francisco to the city of Stockton. The lumber was in the schooner “Georgina,” lying off the shore of the bay. Defendant moored its barge “Era” alongside of the schooner and defendant had received on board the “Era” about two hundred thousand feet of lumber when the barge parted from the schooner, and a loss of one hundred and thirty-eight thousand feet, valued at $2,723.26, resulted, and hence this action.

That defendant was a common carrier, and as such had agreed to carry the lumber from the schooner “Georgina” to its point of destination, appears without conflict, and nothing in the agreement appeared which changed its liability as a common carrier as defined by section 2194 of the Civil Code. The agreement was oral by which defendant agreed to deliver the lumber at Stockton for a stated compensation, but no bill of lading was issued. The considerations which moved the learned trial judge to grant the new trial are clearly stated by…