George L. Barger v. Bernard A. Hanson

This is an appeal by Bernard A. Hanson from a judgment in admiralty awarding damages to appellee George L. Barger for loss of use of his fishing vessel which was totally destroyed in a collision with a vessel owned by Hanson.

The facts of the case, as stipulated by the parties, are as follows: On June 3, 1967, Hanson’s fishing vessel collided with Barger’s vessel which was moored at Neah Bay, Washington. The proximate cause of the collision was the negligent operation of Hanson’s boat. Barger and his vessel were free of fault. The vessel was a total loss. At the time, he had been outfitting it in preparation for the commercial salmon fishing season, and would have been ready to commence fishing on June 7. Barger began searching for a replacement vessel, subsequently found one, outfitted it, and began fishing on July 5, 1967. On January 9, 1968, Barger brought suit against Hanson in the District Court. The court, following a non-jury trial on April 10, 1969, awarded Barger damages of (1) $2,384.50 for the value of his vessel, (2) $279.00 for the value of his personal property lost in the vessel, and (3) $984.-48 for loss of use of the vessel from June 7, through July 4, 1967.…