Rideout
Rideout v. Charles Nelson Co.
Opinion
Lead Opinion
Kerrigan, J.
In this case the steamer Doylestown about midnight on July 7, 1930, in attempting to *440 proceed alongside the Sperry wharf at Vallejo, collided with the tug Haleyon and the barge Rideout No. 5, which were moored to the dock. The collision drove the Haleyon onto the barge, causing considerable damage. The dock is about 700 feet long, with its face lying north and south. Barge No. 5 was moored toward the south end, and at the north end were moored another barge (Rideout No. 6) and tug, also belonging to libelant. Each of the barges was about 100 feet long, and each, with its tug, extended out from the dock about 50 feet. The Doyles-town is about 300 feet long, over all.
It was a moonlight night, and both the tugs and barges carried proper lights. The wind was from the northwest, and the tide was setting in the same direction, i. e., toward the dock. In the afternoon of the same day, July 7th, before leaving San Francisco, the master of the Doylestown hacT arranged with the Sperry Flour Company to dock at the wharf in question about 12 o^clock midnight, and that the dock should be free of vessels at that time. Barge No. 6 was loaded early in the evening, and, notwithstanding that…