Larkin

Leslie-California Salt Co. v. Larkin

Good Law
25 F.2d 299·1928 A.M.C. 718·1928 U.S. App. LEXIS 2951
United States Court of Appeals for the Ninth CircuitMarch 30, 1928No. 5277California424 words

Opinion

Lead Opinion

Rudkin, J.

There is little controversy over the. facts in this ease. On the morning of October 2, 1926, the gasboat Four Sisters left her mooring on the south side of Pier 23 on the San Francisco water front, bound for Oakland, across the bay. She proceeded at half speed along Pier 21 until the steamship Pyramid was sighted approaching from the south, less than 50 feet from the pierhead line and parallel thereto. The Pyramid had shortly' before left her mooring at Pier 17 and was proceeding, to Pier 25 to deliver cargo to another vessel. As she passed Pier 21 the boats sighted each other, when about 60 feet apart, and a collision followed. The owner of the gasboat libeled the Pyramid, and the owner of the Pyramid filed a cross-libel against the gas-boat. On the final hearing the court sustained the former and dismissed the latter. From the interlocutory decree this appeal is taken.

A rule or regulation of the board of state harbor commissioners provides that vessels must not run within 500 feet from and parallel to the pierhead line. The court below found that the Pyramid was running less than 50 feet from the pierhead line and parallel thereto; and the finding is supported by the…

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