Puget Sound Nav. Co. v. Nelson

This is an appeal from a judgment in an action at law, tried to a jury, in which the appellee sought to recover damages for loss of property and alleged personal injury. The case has previously boon before this court on appeal. 41 F.(2d) 356, 357 , certiorari denied 282 U. S. 869 , 51 S. Ct. 76 , 75 L. Ed. 768 .

At about 5 p. m., December 5, 1927, the steam ferry Olympic, owned and operated by the appellant, collided with the small power fishboat, Magna, owned and operated by the appellee. The collision occurred in Puget Sound, northwest of Seattle, Wash. The Magna was sunk, and the appellee jumped overboard when he saw his boat was doomed. He was rescued by a lifeboat from, the Olympic.

Before the collision, both boats were traveling along a general northwesterly course, the Olympic being the overtaking vessel. The courses of the two vessels, however, were not parallel. The appellee admits that the M'agna was required to maintain a stem light that would be visible to an overtaking vessel, and likewise admits that the Magna “did not have a stem light that was sufficient to meet the technical requirements of the Motor Boat Act.”

The Magna was 33 feet in length. Accordingly, she…