Redwood S. S. Co. v. United States Shipping Board Emergency Fleet Corp.

Good Law
18 F.2d 382·1927 A.M.C. 756·1927 U.S. App. LEXIS 1960
United States Court of Appeals for the Ninth CircuitMarch 28, 1927No. 4936California1,573 words

Opinion

Lead Opinion

Rudkin, J.

On the morning of May 3, 1924, the steamship President Lincoln came into collision with the steam schooner Katherine on the waters of San Francisco Bay, causing injury to the latter. The present libel was filed in the court below to recover damages for the injury thus sustained, and, from a decree of dismissal, the present appeal is prosecuted.

Shortly before the collision, the Lincoln left quarantine near Alcatraz Island, and was proceeding around the docks and piers to her berth at pier 44. At the same time the Katherine was proceeding from the Alameda side of the bay to pier 17 on the opposite shore. The vessels sighted each other as the Katherine rounded Goat Island. They were then approximately one half mile apart according to the testimony of the two masters, and the customary passing signals were exchanged. When sighted, the Katherine had the Lincoln on her own starboard side, and under the inland rules- it was her duty to keep out of the way of the Lincoln and to slacken speed, or stop, or reverse if need be. On the other hand, it was the duty of the Lincoln to keep her course and speed. The officers of the Lincoln testified that she did maintain her course and speed;…

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