Chico Bridge Co. v. Sacramento Transportation Co.

Citations

• 123 Cal. 178
• 55 P. 780
• 1898 Cal. LEXIS 1009

Syllabus

<p>Toll-bridge Across Navigable River—Power of Supervisors—Statute—Repeal by Implication.—The power taken from boards of supervisors to license toll-bridges across navigable streams by section 2782 of the Political Code, is expressly conferred upon them by the later act of 1881, which repeals by implication so much of the code as deprives them of that power.</p> <p>Id.—Collision of Barge with Bridge—Negligence—Burden of Proof.— In an action to recover damages for injury to a toll-bridge alleged to have been caused by the collision of a barge therewith, the burden of proof upon the plaintiff to show negligence is sustained by proof that for several years the river was navigated at all stages of water by steamers with and without barges, usually passing the bridge once a week, with but a single slight injury to the bridge prior to the one in question, and a few times afterward touching or rubbing it slightly, and by expert evidence that it could at all times be navigated safely, and the evidence is sufficient to cast the burden of showing due care upon the defendant.</p> <p>Id.—Finding—Conflicting Evidence.—The credibility of witnesses, and the weight to which their evidence is entitled, is for the court to determine, and a finding made upon conflicting evidence, that the injury was caused by the defendant’s negligence, cannot be disturbed.</p> <p>Id.—Irrelevant Evidence—Duty of Plaintiff to Protect Bridge— Answer.—Where there was no allegation in the answer that the bridge was improperly constructed or left without proper protection, a question upon cross-examination of the bridgetender whether, if there had been a dolphin or fender or cluster of piles placed above the bridge, the barge would have collided with the bridge, is properly objected to as irrelevant and immaterial, the question whether it was the duty of plaintiff to protect the bridge not being presented by the record.</p> <p>Id.—Expert Evidence—Qualification of Witness.—A witness sufficiently shows his q