Algier v. Steamer Maria

Citations

• 14 Cal. 167

Syllabus

<p>That a jury has just tried a case involving the liability of defendant for a similar cause of action, depending on the same general considerations, does not render the jury incompetent to sit in the subsequent case.</p> <p>So with regard to an individual juror.</p> <p>Where, in an action against a steamer for setting fire to plaintiff’s fence, the jury was instructed, among other things, to find specially as to the negligence of the captain or crew of the steamer, and they found generally for plaintiff, four hundred dollars damages; and, also, that the steamer’s spark-catcher was not sufficient to prevent the sparks from communicating with the shore and endangering property, the verdict was held good in the absence of any objection at the time of its rendition, that it was not responsive to the special direction.</p> <p>Probably the finding, apart from the general verdict, was a finding of negligence, for an insufficient spark-catcher is hardly distinguishable from none at all; and this is proof of negligence.</p> <p>Gerke v. California Nav. Co. (9 Cal.) quoted.</p> <p>There being some proof of negligence, the Supreme Court will not review the verdict.</p>