Hosford Transp. Co. v. Fairfield S. S. Corp.

Good Law
67 F.2d 965·1934 A.M.C. 20·1933 U.S. App. LEXIS 4698
United States Court of Appeals for the Ninth CircuitDecember 8, 1933No. 7164California1,876 words

Opinion

Lead Opinion

Garrecht, J.

These are appeals from a decree of the lower court denying the petition of the Hos-ford Transportation Company, appellant, for limitation of liability, according to section.-. 4283 to 4285 of the Revised Statutes of the United States (46 USCA § 183 et seq.).

The case grows out of a collision between, the towboat Wentworth, owned and operated by the appellant, and the Maine, a seagoing vessel, owned and operated by Fairfield Steamship Corporation. The collision occurred about 7:20 a. m., June 5, 1930, in the Columbia river near Coffin Rock in a fog bank. The steamship Maine was traveling, down the river with the current, while the Wentworth was going upstream, pushing three barges lashed abreast and loaded with sawdust. Both vessels were blowing the statutory fog signals. Shortly before the collision the Maine had passed through a fog bank about 1,300 yards in width. The bards in which the collision occurred seems to have been narrower but very dense.

The owners of the Maine claimed negligence on the part of the Wentworth and her owner in the following particulars: (1) In having her lookout stationed on the hurricane deck of the Wentworth, instead of some part forward on the…

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