Keller

Keller v. Gray

Good Law
1906 Cal. App. LEXIS 176·3 Cal. App. 219·84 P. 847
Court of Appeal of CaliforniaMarch 8, 1906Civ. No. 165.California517 words

Opinion

lead Opinion

Cooper, J.

This action was brought to recover of defendants the sum of $525 for services in towing certain barges from defendants’ quarries to the waterfront of San Francisco. Defendants denied that the services were of any greater value than $495, and by way of defense alleged that, by the carelessness and negligence of plaintiff in performing said services, and in towing the said barges, one of the barges was allowed to drift beyond plaintiff’s control upon the rocks in the bay of San Francisco, and to become damaged in the sum of $316.12. The fact that the barge became loose and drifted upon the rocks, and that it was thus damaged in the said sum, was not disputed. The question was as to whether or not such damage was the result of carelessness or negligence of the plaintiff in performing the services, for the defendants. The trial court found that the barge was not injured by the carelessness or negligence of the-plaintiff, but that the injury was due to the carelessness and unskillfulness of defendants’ servants.

The only point urged here is that this finding is not supported by the evidence. After a careful examination of the evidence we deem it sufficient to support the finding. The…

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