Wilson

In a calm sea on a clear bright morning in November, 1922, about 12 miles off the coast of California, near Point Buchón, the steamship Newport, 337 feet long, south bound, collided with the steam schooner, Svea, 170 feet long, bound north. The Svea interests libeled and the Newport interests cross-libeled. The Newport admitted fault, but assumed that the Svea was also at fault. The Svea denied fault, and set up that the collision was due solely to the fault of the Newport.

The District Court held that the collision was due to the negligence and fault of the Newport, and that, the plea of contributory negligence on the part of the Svea was not substantiated. Decree was entered against the Newport and her owners, Pacific Mail Steamship Company, and McKinnon, h.er master. The steamship company, claimant of the Newport, and McKinnon, her master, appeal, contending that the decree should be based upon mutual fault, and that the captain of the Newport should be exonerated.

The vessels approached from converging courses and were in sight of each other from the time they were about 8 miles apart. The crossing courses were such that the Newport held the Svea on her right side about…