Trabing
Trabing v. California Navigation & Improvement Co.
Opinion
Lead Opinion
Haynes, J.
The plaintiff is a minor, and was of the age of fourteen years at the time of the injuries complained of. The defendant is a corporation engaged in operating a line of steamboats between San Francisco and the city of Stockton for the transportation of passengers and freight to and from those places and intermediate ports. The additional facts constituting plaintiff’s cause of action, as alleged in the complaint, may be summarized as follows:
On the evening of March 23, 1895, at about 8 o’clock, the plaintiff boarded defendant’s steamer, “Mary Garratt,” at Benicia, to be carried to the city of Stockton, and paid therefor fifty cents, that being the regular fare; that when the steamer was but a short distance from Benicia the defendant’s servants and agents in charge of said steamer “wrongfully placed on the plaintiff iron handcuffs and took him down into and upon the lower deck of said steamer, and there chained him to a post in such a way and manner as to cause him great bodily pain; that plaintiff was so kept by said defendant’s said servants and agents ironed and chained to said post as said steamer proceeded *139 on its said trip, and until said steamer on its said trip…