Engel

This is an appeal by the plaintiff from a judgment rendered and entered by the superior court in and for the city and county of San Francisco in favor of the defendants, based upon an order sustaining the demurrer of J. 0. Davenport, one of the defendants, to the plaintiff’s complaint. The action, which was instituted in the superior court of the city and "county of San Francisco, was brought against J. 0. Davenport and the other defendants jointly, as the owner and the operators of the steamship “Davenport.” The complaint alleged in substance that the plaintiff had suffered injuries because of the unseaworthiness of the vessel’s appliances and in this behalf alleged that the vessel was unseaworthy when she left San Francisco, her home port, for Hoquiam, Washington, by reason of a defective pelican hook which broke at Hoquiam, Washington, fracturing plaintiff’s skull. For this injury plaintiff claimed damages in the sum of fifty thousand dollars. Said complaint was filed in said superior court on the eighteenth day of January, 1923, twenty-one months after the injury to the plaintiff which forms the basis of the action.

The defendant J. O. Davenport demurred upon two grounds: (1)…