Raphael J. Chervy and Dorothy E. Chervy v. Peninsular and Oriental Steam Navigation Company, Ltd., and City of Longbeach, California, Peninsular and Oriental Steam Navigation Company, Ltd. v. Raphael J. Chervy and Dorothy E. Chervy

364 F.2d 908 Raphael J. CHERVY and Dorothy E. Chervy, Appellants, v. PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY, Ltd., and City of LongBeach, California, Appellees. PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY, Ltd., Appellants, v. Raphael J. CHERVY and Dorothy E. Chervy, Appellees. No. 20029. United States Court of Appeals Ninth Circuit. Aug. 15, 1966. Musick, Peeler & Garret, Michael W. Conlon, Los Angeles, Cal., for appellants. Graham, James & Rolph, Reed M. Williams, Don A. Proudfoot, Jr., Long Beach, Cal., for appellee. Before CHAMBERS, BARNES and DUNIWAY, Circuit Judges. PER CURIAM: 1 We are of the opinion that the court's finding, reading as follows: 2 'That respondent, PENINSULAR, was negligent in that the last warning broadcast failed to specifically warn that the preparations to land the gangway would commence prior to midnight, which preparations would make it dangerous for visitors to delay their disembarkation, by reason whereof visitors could have concluded that the gangway would be in the same condition immediately prior to midnight as it had been earlier.' 3 is clearly erroneous. As is stated elsewhere in the findings, the steamship company, at 11…