Richard A. Johnson v. United States of America, Brent L. Sellick v. United States
Opinion
Opinion
Appellants filed a consolidated libel against the United States under the Public Vessels Act, 46 U.S.C. § 781 et seq. (1964), for damages resulting from the sinking of the fishing vessel Sea Hunt by the destroyer U.S.S. Somers.
Brent L. Sellick claims the balance due him as vendor under a contract for the sale of the Sea Hunt; Richard A. Johnson, a seaman aboard the vessel when it sank, seeks to recover damages for loss of personal effects and injury to his person. The district court found no negligence in the operation of the Somers, and denied recovery. We affirm.
About 9:30 p. m. on March 18, 1962, the Sea Hunt came upon the Bill Kettner foundering off San Clemente Island and took her in tow. A fourteen-knot wind was blowing, and the sea was rough. The Bill Kettner was much the larger vessel, and the Sea Hunt could make little headway. Dale Bliss, commanding the Sea Hunt, ordered Johnson to send a flashing light S.O.S. The Somers, which was about three and a half miles away, sighted the S.O.S. and immediately altered course and proceeded toward its source. The Somers acknowledged receipt of the S.O.S. but the distress signals continued.