Maryland Casualty Co. v. Matson Navigation Co.

[611]

RICHARDS, J.,

pro tem.

This is an action for damages, commenced by the plaintiff as assignee of California & Hawaiian Sugar Refining Company, against the defendants, said damages being alleged to have arisen by reason of the negligence of the defendants in the management and operation of the steamer “Hyades,” through which the said steamer collided with the dock warehouse of the California

&

Hawaiian Sugar Refining Company, at Crockett, California, the consequence of which collision being the breakage of certain water-pipes constituting a sprinkler system for the extinction of fire within said warehouse, by which the waters in said pipes escaped and damaged a large quantity of sugar stored therein. The complaint sets forth in detail the facts relating to the arrival of the steamer “Hyades” at the dock of the plaintiff’s assignor on the day preceding the occurrence of the collision, and its safely docking there and discharging the greater part of its cargo, after which it moved out into the bay, remaining overnight, but returning the following morning to resume its former^ position at the dock. It was while said steamer was again attempting to lay alongside of said dock that the collision occurred which caused the damage out of which this action arose. The complaint in that behalf alleges that the defendants so willfully, negligently, carelessly, and unskillfully managed and steered said steamer that it ran into said dock warehouse with great force, tearing and destroying a portion of the north wall thereof, and causing the immediate injury complained of. The answer of the defendants, while admitting in the main the plaintiff’s detailed statement of the movements of the steamer on the day preceding the accident, and up to the time of its attempted second docking at the pier, denies that the management and operation of its said steamer was in any respect negligent, careless, or unskillful, or that said steamer ran into or against said dock warehouse through any negligence, willfulness, or want of skill upon the defendants’ part. The defendants’ answer proceeds to aver that the only negligence existing at the time of such accident was that of the plaintiff’s assignor, consisting in the maintenance by it of an improper, insecure, insufficient and faultily constructed dock warehouse, by reason of which the injuries in question arose.