Jacobi

The defendant, C. A. Smith Lumber Company, was the owner and in exclusive control of a wharf at Bay Point, on Suisun Bay, which was used for the loading of lumber upon vessels coming to that wharf from various points. The decedent—the husband of the plaintiff—brought to the wharf a schooner for the purpose of having it loaded with lumber which was to be taken to some inland point. He and his companions were in charge of the schooner, and arrived at the wharf upon a certain Sunday. The decedent had never loaded lumber from that wharf, at least not from that portion of it concerned in this case. During the Sunday on which they arrived, the crew, including the decedent, were in their boat resting and sleeping at least part of the day— just exactly how much does not very clearly appear; and on the following Monday morning began loading lumber upon the boat which was brought down to or near the point where it was to be loaded upon trams of the defendant company which ran along a tramway near the edge of- the wharf. The wharf itself seems to have been somewhat rudely constructed with planks of uneven length—the difference in some cases being as much as thirteen or fourteen…