Wilson v. Cross & Co.

Citations

• 33 Cal. 60

Syllabus

<p>New Trial when Evidence consists op Depositions.—When the testimony helow consists entirely of depositions, which depositions are contained in the record on appeal, the appellate Court will examine the evidence to determine whether the Court below deduced the right conclusions of facts therefrom, and if it is of opinion it did not, will grant a new trial.</p> <p>Idem.—The rule that a new trial will not be granted by the appellate Court when there is a conflict in the evidence, does not retain its full force when the testimony consists entirely of depositions, and the Court below had no opportunity to judge of the manner and bearing of witnesses.</p> <p>General Average in Maritime Law.—General average in maritime law is a contribution made by the owners of a vessel and cargo, and all concerned in the success of her voyage, towards a loss sustained by some of the parties interested, for the benefit of all.</p> <p>Action for General Average. — The owner of a vessel cannot maintain an action for contribution in general average for damage sustained and expense incurred by reason of the peril of the seas, unless the vessel was seaworthy when she left port.</p> <p>Idem.—If the defect in the vessel when she left port was unknown to the owner, and undiscovcrable upon examination, he cannot maiñtain an action for general average.</p> <p>Protest as Evidence.—If a protest of the officers of a vessel is received in evidence, without objection, on behalf of the owner or master, in an action for contribution in general average, it is not conclusive on his behalf of the facts therein recited.</p>