American-Hawaiian S. S. Co. v. Pacific S. S. Co.

These are appeals and cross-appeal from an interlocutory decree granting the petition of Pacific Steamship Company, as owners of the steamship Admiral Fiske, for limitation ■of liability with respect to claims arising out of a collision between the Admiral Fiske and the Steamship Floridian, but denying exemption from all liability for the collision. The •collision occurred in dense fog at about 10:30 p. m. on September 1, 1928, about 35 miles south of Umatilla Lightship near the Straits of Juan de Fuca, Wash.

The record shows that the Admiral Fiske was being navigated at an excessive speed in the fog. The Pacific Steamship Company bases its cross-appeal upon the theory that, despite the evidence as to such speed, this was not the proximate cause of the accident, but that the sole cause of collision was the vacillating maneuvers of the Floridian after the vessels had sighted each other. Detailed discussion of the evidence in this regard is unnecessary, as the finding of fault on the part of the Admiral Fiske by the court below is amply supported by evidence from which the conclusion as to the causal connection between the fault and the collision may be fairly drawn.

Claimants, in…