San Francisco Bay Toll-Bridge Co. v. Leslie California Salt Co.

NOURSE, P. J.

This is an appeal from a judgment denying plaintiff relief in an action for damages and awarding

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defendant damages against the plaintiff. The cause was tried by the court without a jury and the appeal is taken upon typewritten transcripts.

On the evening of April 8, 1929, the steamer “Pyramid”, owned and operated by the defendant, collided with the northwest dolphin of the bridge, owned and operated by the plaintiff and spanning the southern part of San Francisco Bay between Alameda County and San Mateo County. At about 8:38 P. M. of that day the “Pyramid”, proceeding southerly from San Francisco, had reached a point about a mile north of the bridge and there gave the required signal for the bridge tender to raise the lift span of the bridge to permit the vessel to pass through. No answering signal came from the bridge and a second signal was given with like result. The captain of the “Pyramid” then had its engines stopped and gave a third signal with the vessel proceeding at slow, or half speed, ahead. This was answered with a signal from the bridge tender for the vessel to come ahead, which it did at slow, or half speed, until it had reached a point about 400 feet from the bridge. Then the captain saw that the lift span would not be raised in time to permit the vessel to pass through the bridge and the engines were reversed full speed. At that time the vessel was headed directly for the center of the span with the wind and tide generally in the direction in which the vessel was proceeding. The vessel drew but three feet of water and when the engines were reversed the wind and tide caused it to turn slightly to the east and to collide with the northwest dolphin of the bridge at about midships.

There is some dispute in the evidence as to the speed of the vessel, its position in the channel, and the time occupied by the bridge tender in raising the span. In all three instances the trial court found in accordance with the testimony offered by respondent and appellant does not claim that these findings are not supported by some competent evidence.

On this appeal the single question is the sufficiency of the evidence to support the findings of the trial court. It is stated by the appellant in the following language: “A vessel proceeding through a lift span of a bridge lawfully constructed across navigable waters should use reasonable skill and care to avoid injuring the bridge and is presump