Pacific Atlantic S. S. Co. v. United States
Opinion
Lead Opinion
Mack, J.
The question presented on this appeal is whether the District Court properly held the merchant vessel, Jefferson Myers, solely liaable for a collision with the government dredge, A. Mackenzie, or whether the latter should have been held solely or, if not, then jointly liable.
The following facts, found by the District Court, are not challenged:
The collision occurred shortly after 5 o’clock on the morning of December 20,1930, on the high seas. During the early morning hours of that day the Mackenzie was dredging the main channel into San Francisco Harbor between buoys 2 and 4. The Myers approached the entrance to the harbor from a southerly direction at full speed. Her navigators saw the dredge well forward of the Myers’ beam and on her starboard side, in such.a position that the two vessels were on crossing courses at approximately right angles. The red side-light of the Mackenzie showed to the Myers, and the green side-light of the Myers to the Mackenzie. The visibility was good, there was a moderate northwest breeze and 'a moderate northwest swell. The tide was full, very near slack water. The current was less than a knot per hour. When the Mackenzie was first sighted by the…