Bassett
Union Transportation Co. v. Bassett
Opinion
Lead Opinion
Iienshaw, J.
Appeals from the judgment and from the order denying defendants a new trial. Plaintiff was the owner of a steamboat which plied between-the cities of San Francisco and Stockton, carrying produce and passengers. It docked at Clay street wharf in the former city. The defendants, harbor commissioners, by order changed its place of landing to Mission street wharf, whereupon plaintiff instituted this action to enjoin defendants from carrying their order into effect. Plaintiff pleaded that it was engaged in the river trade; that it was essential to the successful conduct of its business, which was principally that of carrying produce, that it should have wharf-age facilities at either Clay or Washington street wharves; that the order of removal was arbitrary and made without reason, saving to discriminate against it and in favor of its competitor engaged in the same general business, to prevent it from conducting its business and exercising its rights as a common ear- *607 rier, and utterly to ruin and destroy its business and to render its property useless and valueless. Plaintiff further pleaded that tbe order of removal, if executed, would bring about these results.