Hertz

On the morning of June 4, 1950, a calm, clear day, appellee’s 55.8-foot fishing vessel Crescent collided with and sank appellant’s 36-foot gas screw Diana Claire five miles northeast of the Faral-lone Islands off the coast of California. The Crescent suffered no appreciable damage. Prior to the collision the Diana Claire was proceeding southeasterly on automatic pilot at her maximum speed of approximately eight knots and was unencumbered. The Crescent was going in a westerly direction at two knots fishing with a dragnet astern weighing about 5,000 pounds plus the weight of the fish in the net. The vessels approached on crossing courses at an angle of forty to forty-five degrees with the Diana Claire on the Crescent’s starboard side. Neither vessel changed course prior to the collision. The Diana Claire gave no warning signal, did not slacken speed, and remained on automatic pilot. It is contended she reversed her engines just before the impact. The Crescent blew a warning whistle at 200 feet, stopped at 100 feet and reversed engines when it appeared that the Diana Claire was not going to stay clear. At the moment of impact the Crescent was either dead in the water or going astern.…