Demaria

The suit arose out of a collision between the Diamond and the Indiana on the evening of April 13, 1925, in a calm sea about 22 miles south of San Pedro, Cal. The collision resulted in the sinking of the Diamond, with loss of supplies, equipment, and personal effects of appellant and the crew.

*924 The Diamond was a gas screw fishing boat, 72 feet long, 17 feet beam, and carried a crew of nine men. The Indiana is a steamer over 420 feet long. At the time of the collision, the Indiana was proceeding northerly along the coast of California. Her cargo consisted of approximately 6,500 tons. About 6:40 p. m., while in a calm sea in a dense fog, and as darkness was approaching, the engines of the Diamond became overheated, whereupon the boat was stopped in order to make the necessary repairs. While she was drifting and about 20 minutes after she was stopped, the vessels collided; the Indiana striking the Diamond on the starboard side and so injuring her that she sank in a few minutes.

Each vessel endeavored to put the fault of collision solely upon the other. The Diamond contended that she was careful in all respects, but that the Indiana failed to give fog signals or to maintain…