Livingston v. Kodiak Packing Co.

Citations

• 103 Cal. 258
• 37 P. 149
• 1894 Cal. LEXIS 763

Syllabus

<p>Negligence—Conflicting Evidence—Review Upon Appeal.—Although the evidence appearing in a transcript upon appeal may seem to preponderate in favor of the appellant upon the issues as to negligence, yet if there is enough evidence in favor of the respondent to create a substantial conflict the finding cannot be disturbed.</p> <p>Id.—Negligence of Fellow-servant—Injury to Servant From Open Hatchway—Neglect of Duty by Mate of Vessel.—The mate of a vessel engaged in carrying passengers and freight between San Francisco and Northern Pacific ports, and a servant employed in the steward’s department of the vessel are fellow-servants employed by the same employer in the same general business, and the owner of the vessel is not responsible for any injury caused to such servant by falling down an open hatchway which the mate had neglected to guard while taking in cargo.</p>