Southern Pac. Co. v. Moore Shipbuilding Co.

Good Law
19 F.2d 878·1927 A.M.C. 1116·1927 U.S. App. LEXIS 2371
United States Court of Appeals for the Ninth CircuitMay 23, 1927Nos. 4925, 4926,California880 words

Opinion

Lead Opinion

Sawtelle, J.

The collision in question took place on the 24th day of February, 1921, at about noon. The steam ferryboat Thoroughfare, running between San Francisco and Oakland, Cal., through Oakland Estuary, and sailing easterly on the southerly side of the channel, saw the steamer Enterprise with the tug Relief attached to her stern lying across the channel, with her stern toward the southerly shore. The Thoroughfare, when about 1,000 feet from the Enterprise, sounded one blast of her whistle, which signal was not answered. A few minutes thereafter the Thoroughfare sounded a second passing signal, which was *879 accepted with one blast from the Relief. The Thoroughfare then attempted to pass between the stem of the Enterprise and the edge of the navigable channel on the south shore, a space of about 100 feet. After the exchange of signals and continuously thereafter until the collision occurred, the Enterprise was dead in the water.

The tug Union was approaching the opening from the easterly side. She was located to the southerly of the center of the channel. Between the time of the exchange of signals and the collision there was no lookout on the Enterprise. The master of the Relief knew…

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