United States v. Kokusai Kisen Kabushiki Kaisha

The steamships West Keats and Boston Maru came into collision at a point on the Columbia river opposite Columbia City in the early morning of October 26, 1924. As a result of the collision both vessels were injured. The owner of the West Keats libeled the Boston Maru to recover damages for injuries sustained by the foimer, and the owner of the Boston Maru filed a libel in personam against the United States, owner of the West Keats, to recover damages for injuries sustained by the latter. Th j two libels were consolidated for the purposes of trial. On the final hearing the court below found that the West Keats was solely at fault, and a decree was thereupon entered foi the stipulated damages sustained by the Boston Maru and dismissing the libel of tbe United States. From that decree this appeal is prosecuted.

On the afternoon of October 25, the Boston Maru left the Willamette river and proceeded down the Columbia to take on additional cargo at St. Helens, dn the Willamette Slough, which branches off the main channel of the Columbia river a short distance above Columbia City. At that season of the year a vessel drawing upwards of 26 feet of water, as did the Boston Maru could not…