Cunningham

United States v. Cunningham

Good Law
28 F.2d 865·1929 A.M.C. 157·1928 U.S. App. LEXIS 2482
United States Court of Appeals for the Ninth CircuitOctober 29, 1928No. 5507California743 words

Opinion

Lead Opinion

Rudkin, J.

This case’belongs to the same general class as the numerous eases decided by this court and reported under the title of Bird v. United States (C. C. A.) 24 F.(2d) 933 . The plaintiff recovered judgment below, and the defendant has appealed. The appellant urges two grounds for reversal: First, insufficiency of *866 the evidence to support a finding that a voyage to Bering Sea was undertaken by the Vessel, and, second, insufficiency of the evidence to support a finding of interference with the voyage by the United States.

The American schooner Mascot cleared at the Port of San Francisco on February 3, 1893, for fishing and hunting. According to the shipping articles the vessel was bound from the Port of San Francisco on a hunting and fishing voyage in the Pacific Ocean and elsewhere, as the master might direct. The widow of the master testified that immediately before leaving San Francisco her husband informed her that he was going to the Japanese Sea and the Bering Sea to hunt seal, but she was unable to give a more definite description of the voyage. One of the part owners of the vessel testified that the vessel intended to seal in Bering Sea during that year, but he was not the…

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