Agnew v. Costa

Citations

• 27 Cal. 425

Syllabus

<p>Liability op Steamboat as a Common Carrier. — In an action against a steamboat, as a common carrier, for the loss of a horse by the explosion of the boiler, alleged by the plaintiff to have been caused by racing with a rival steamer, evidence on the part of the defense to show the good condition of the boiler is irrelevant, both on the question of liability and of damages.</p> <p>Same.—In such case, evidence on the part of the defense that the engine and boilers were strong, and that extraordinary care was used by the officers and crew of the steamer in their management while racing, is also irrelevant.</p> <p>Liability op Common Carrier.—The presumption of the law is against a common carrier, except it be made to appear that the injury complained of could not have happened by the intervention of human means.</p>