City of Los Angeles v. Los Angeles Pacific Navigation Co.

CONREY, P. J.

The findings of the court include the following facts: On the fifteenth day of April, 1920, the plaintiff was the owner of a motor-boat named “Thais,” which was moored at a wharf or dock known as the First Street Dock, in and upon the waters of Los Angeles harbor. On the morning of that day appellant was operating and had the exclusive control and management of the freight steamer “West Hixton,” which was then being operated, managed, and directed by appellant, and was under the command of Lewis C. Drewson, captain of said vessel. The “West Hixton” was proceeding under the direct command of Drewson down channel to said First Street wharf or dock under and by virtue of orders so to do issued to Captain Drewson by the port captain of appellant. Drewson was employed as captain of said vessel by appellant, and his salary as such captain was paid by appellant. But in its operation of the “West Hixton,” and in its employment of Drewson, appellant claimed that it was acting only as agent of the owner, out of whose funds Drewson’s wages were paid.

[415]

At the same time the motor-ferry “T. F.” was owned and being operated by the defendant San Pedro Transportation Company in ferry service. Shortly before the collision hereinafter mentioned the ferry “T. F.” started upon a trip across the harbor from the east side of the channel to the First Street ferry-slip on the west side of the channel. As the ferry “T. F.” proceeded down channel for the purpose of docking at the First Street wharf, the “West Hixton” struck it, and then struck the north end of the First Street wharf, thereby displacing certain large timbers of the wharf, some of which fell upon the motor-boat “Thais,” then moored under said dock, and thereby caused the damage of which plaintiff complains. The “West Hixton” at the time of and just prior to the said collisions was navigated by said Captain Drewson in a careless, reckless, and negligent manner, thereby causing said collisions. The court further found that there was no negligence in the management of the ferry “T. F.,” and that the damage was caused solely by the negligence of appellant. Accordingly, judgment was rendered against the Los Angeles Pacific Navigation Company alone, and that defendant appeals from the judgment.

Appellant makes no attack upon the finding that the cause of collision and resulting damage was the negligent navigation of the “West Hixton” by Captain Drewson. Appellant presents as the sole ground of appeal its contention that it was not liable for the negligent navigation of the “West Hixton” by Captain Drewson. As stated by counsel for appellant, the question for consideration here narrows itself to a pure question of law, whether or not, under the undisputed evidence, Captain Drewson, as a matter of law, was an employee of the Pacific Navigation Company, or whether he was, as a matter of law, a subagent or coagent of that company, both the company and Drewson being agents of the owner of the “West Hixton,” the United States of America. It is conceded that if the captain was a servant and employee of appellant, then appellant was liable for his negligent acts, and the judgment should be affirmed. On the other hand, appellant claims that if the captain was the servant and in the employ of the United States shipping board, then appellant was not liable for his acts, and the judgment should be reversed.