Silas S. Darling and Mary J. Darling v. Charlotte Scheimer and Leonard B. Frazier, Silas S. Darling and Mary J. Darling v. The Fishing Vessel "Miss Judy," Etc.

444 F.2d 514 Silas S. DARLING and Mary J. Darling, Plaintiffs-Appellees, v. Charlotte SCHEIMER and Leonard B. Frazier, Defendants-Appellants. Silas S. DARLING and Mary J. Darling, Plaintiffs-Appellants, v. The FISHING VESSEL "MISS JUDY," etc., et al., Defendants-Appellees. No. 24567. No. 24568. United States Court of Appeals, Ninth Circuit. June 22, 1971. Rehearing Denied in No. 24567 July 20, 1971. Jack G. Knebel (argued), of McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for Charlotte Scheimer and Leonard B. Frazier. Peter N. Swan (argued), Eugene, Or., for Silas S. and Mary J. Darling. Before MADDEN, * Judge of the United States Court of Claims, and BROWNING and KILKENNY, Circuit Judges. PER CURIAM: 1 Two fishing boats, the Sea Wolf and the Miss Judy, collided off the coast of California. The Sea Wolf sank, a total loss. The owners of the Miss Judy appeal from the trial court's finding that their vessel was solely at fault. The owners of the Sea Wolf cross-appeal, challenging the adequacy of the damage award. 2 * Miss Judy's efforts to attribute fault to the Sea Wolf rest ultimately upon the contention that the Sea Wolf was under a duty to post a lookout. 3 The…