A. Guthrie & Co. v. Standard Marine Ins.

In the court below two libels were consolidated for trial, *404 and the decrees dismissing them axe brought here for review upon a single record. Each is upon a certificate of marine insurance issued by appellee on February 2, 1926, and covering, in the one case a locomotive crane (upon its own wheels) in the possession of but not owned by the city of Tacoma, assign- or of libelant Chesley Tug & Barge Company, and in the other certain camp equipment belonging to libelant A. Guthrie & Co., loaded upon railroad ears, and all on board car barge Chesley No. 1 in Hood Canal at Pot-latch, Wash., bound for Seattle in tow of tug Ketchikan II. In each case the insurance was against perils of the sea. With the tow, the tug, in charge of a crew consisting of master, mate, and cook, left Potlatch about 6 o’clock in the morning on February 2d. In substance the master testified that they had good weather at least up to midnight of that day, at which time he was in the Sound about half a mile northeast of Apple Cove Point. He went below at 12:15 a. m., and, getting up again at 2 o’clock, he found the wind had risen, the “sea was picking up,” and the tug was beginning to rock. He remained on deck…