Linvog

Linvog v. Brazil

Good Law
20 F.2d 17·1927 A.M.C. 1686·1927 U.S. App. LEXIS 2453
United States Court of Appeals for the Ninth CircuitJune 27, 1927No. 5100California1,193 words

Opinion

Lead Opinion

Gilbert, J.

The appellee, upon her libel in rem against the motor fishing vessel Albatross, to recover damages for the loss of her husband, a fisherman who came *18 to Ms death through collision between said vessel and a fishing dory, in which he and another were hauling halibut trawls, obtained a decree for $10,748, the value of the Albatross, which had been surrendered in a proceeding for limitation of liability. The accident occurred on the halibut fishing grounds about 70 miles off the coast of Yaneouver Island, an hour before sunset on a day.in-June when the weather was clear and the wind was mild. The court below found that the collision was the result of the negligence of the Albatross in failing to keep a proper lookout.

The appellants’ contention is that the fishermen in the dory were at. fault, in that they violated the international collision rules by failing to display the required signal when they saw the Albatross approaching them; also in that, in taking in their trawl, they hauled their dory upon a crossing course, leading to contact with the approaching vessel, which they continued to do until .they came to the point of collision, although they saw the Albatross coming…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.