Ravettino v. City of San Diego

[70 CalApp2d Page 40] In this action for damages the jury returned a verdict for plaintiff and against the defendants in the sum of $45,000. The city of San Diego, through its Harbor Department, exercises in the name of the city, the powers and duties prescribed by the charter and other applicable ordinances and laws in managing and controlling the harbor of San Diego and the tidelands adjacent thereto. Through the Harbor Commission the city maintains a harbor, wharves, piers and the usual equipment for loading and unloading ships, and controls and maintains the tidelands of the city. For several years the Harbor Department owned and operated a Browning crane with six-ton lifting capacity. It was installed in position upon a truck operated by defendant Marsh, a regular employee of the Harbor Department, employed for that particular work. It was used principally for lifting heavy material along the water front and off and on boats docked in the harbor. Occasionally it was rented, with the driver, to private companies and individuals who were operating on tidelands along the water front. The Harbor Commission adopted and published certain tariff rates, which designated charges to be made for certain services performed and which also established a rate to be charged for rental of the crane above mentioned. That rental was fixed at $7.50 per hour plus 10 per cent insurance.