Workman

Workman v. Lewis

Good Law
61 F.2d 537·1932 A.M.C. 1618·1932 U.S. App. LEXIS 4330
United States Court of Appeals for the Ninth CircuitNovember 3, 1932No. 6683California2,342 words

Opinion

Lead Opinion

Sawtelle, J.

This is an appeal by A. L. Workman and Ralph F. Baumgarten, libelants of the fishing boat Mabel, and by one W. F. Steele, brought in by third party process. The claimants, as cross-libelants and cross-appellants, have filed assignments of error alleging that the trial court erred in certain rulings to their prejudice. .

The libelants alleged in their libel:

“That the respondent vessel ‘Mabel’ is a gas screw or an oil boat about sixty-two- feet long and about fifteen foot beam, is of wooden construction and is equipped with a Diesel engine. ■'

“That on or about the 9th and/or‘10th day of November, 1929, Ralph F. Baumgar-ten discovered the ‘Mabel’ upon the rocks off the coast of California near the town of Pes-cadero, Comity of San Mateo, State of California, in a disabled condition, abandoned by her crew, and in imminent danger of complete destruction by the breakers, wind, and tide, and! totally and wholly abandoned and without any person or persons on board.

“That thereafter, and on or about the 10th day of November, 1929, libelant Ralph F. Baumgarten, at great risk to his own safety and under difficulties, made a line fast from the said ‘Mabel’ to the shore for the purpose…

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