Bohannan v. Hammond

Citations

• 42 Cal. 227

Syllabus

<p>Jurisdiction op State Courts.—State Courts have concurrent jurisdiction of cases of action cognizable in admiralty where only a common law remedy is sought.</p> <p>Liability op Common Carrier.—A common carrier is not only responsible for negligence but is an insurer against any loss not occasioned by act of God, the public enemies, or the fault of the party suffering the loss.</p> <p>Idem—Burden op P&oop.—When loss occurs, the burden of proof is upon. the carrier to show that it resulted from one or the other of these excepted cases.</p> <p>Liability por Damage to Cargo op Vessel.—Where the cargo of a vessel is damaged in consequence of an accident which results from the falling of the tide, unless it appear that the vessel could not have been so moored as to prevent it being left aground, the owner of the vessel is liable for the damage.</p>