Allen & Robinson, Ltd. v. Inter-Island Steam Nav. Co.

Between 9 and 9:30 p. m., on April 20, 1923, the steamship Mauna Kea, east bound, rammed the wooden lumber schooner Mary E. Foster, west bound, off Diamond Head, Oahu Island, a few miles eastward of Honolulu Harbor. The Foster was fully laden with lumber both below and above deck; the deck load being approximately 14 feet high. In the collision the Mauna Kea cut through her starboard side just abaft her main rigging, the cut having a width of about 18 inches and extending through her bulwarks and for a distance of approximately 8 feet downward from the top of her waterway or covering board. Rushing in, the water gave her a heavy list to port. She filled in about an hour, and gradually righted herself, but it is doubtful whether she ever reached an even keel. With the hope of being able to tow her to Honolulu, the Mauna Kea stood by for over an hour, but, failing to reach her with a tow line, at 10:36 o’clock she proceeded to the harbor with the understanding that she would send out a tug. The Foster settled until the water covered part of her main deck and flooded her cabin, lazarette, and chain lockers. Her lights were extinguished, her charts were washed away, and both the…