Danielson

Booth Fisheries Co. v. Danielson

Good Law
36 F.2d 581·5 Alaska Fed. 454·1930 A.M.C. 38·1929 U.S. App. LEXIS 2216
United States Court of Appeals for the Ninth CircuitDecember 3, 1929No. 5801California459 words

Opinion

Lead Opinion

Rudkin, J.

This was a libel for damages for a collision at sea.' Shortly after midnight on the morning of September 17, 1926, the Commonwealth collided with the Annie in the waters of Sumner Strait, and as a result of the collision: the latter was sunk and became a total loss, together with all personal property on board. The Commonwealth was-a gas screw vessel about 100 feet long with a capacity of about 60 tons net. The Annie was a gas boat about 40 feet long with a capacity of 11 tons net. At the time of the collision the Annie was disabled because of engine trouble ■ and was lying motionless in the water about two miles off shore, headed north. The Commonwealth, ap *456 proaching from the starboard side, struck the Annie on the starboard quarter, about 15 feet from the stern, with the results already stated. There was testimony tending to show that the Commonwealth changed her course when about 400 yards distant from the Annie and came directly towards her. The night was clear and the visibility good, so that lights could be seen at a considerable distance. As stated by the court below, the principal questions in the case were: First, did the Annie maintain proper lights? and, second,…

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