People of State of California v. the Jules Fribourg
Opinion
Opinion
Goodman, J.
These libels and cross-libels stem from the ramming of pier 41 at the Port of San Francisco by the S. S. Jules Fribourg when she attempted to dock there on December 30, 1952. Pier 41 is owned by the State of California. At that time the Jules Fribourg was owned by Arrow Steamship Co. and was under time charter to States Marine Corporation of Delaware. The charter provided that Arrow Steamship Co. should remain responsible for the navigation of the vessel, but that States Marine Corp. should provide and pay for all pilotages. In accordance with this provision, States Marine Corporation engaged Shipowners & Merchants Towboat Co., to move the Jules Fribourg from her berth at Richmond and dock her at pier 41 in San Francisco. Shipowners & Merchants Towboat Co. dispatched the tug Sea Lark to assist in this movement and the tug captain, Robert Markley, boarded the Jules Fribourg to act as pilot. When the Jules Fribourg rammed pier 41 she was being handled -by her own crew and was proceeding under her own power assisted by the tug. Captain Markley was on the bridge of the Jules Fribourg directing the movements of both vessels.