Petrich

Petrich v. Hansen the St. Francis

Good Law
204 F.2d 261·1953 A.M.C. 1029·1953 U.S. App. LEXIS 2422
United States Court of Appeals for the Ninth CircuitApril 29, 195313376_1California1,506 words

Opinion

Opinion

Pope, J.

This suit in admiralty grew out of a collision between two tuna fishing vessels. Appellees, libelants below, owners of the McKinley, had judgment against the appellants, owners of the St. Francis, for the full amount of the damage to the McKinley, the court holding that the collision and resulting damages to the McKinley “were not due to any fault on the part of the McKinley but were due solely to the fault and negligence of the St. Francis. * * * ”

On the day in question, both vessels were engaged in fishing for tuna off the Oregon coast. The sea was calm, visibility was good, and the collision occurred in broad daylight. The court found, from adequate evidence to that effect, that at approximately the same time each vessel sighted and started for the same school of fish, about three miles distant. The McKinley was nearer, but the St. Francis, proceeding at a greater rate of speed, overtook the McKinley and passed her approximately 150 feet from the latter’s starboard side. At a point when the St. Francis was slightly ahead of the McKinley, the St. Francis turned to her port across the bow of the McKinley in order to start fishing. The master of the McKinley, when he saw the St.…

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