Pacific Spruce Corp. v. City & County of San Francisco

On the afternoon of December 5, 1929, while appellant’s vessel, the Robert Johnson (a four-masted steam schooner, length 251 feet, beam 43 feet), was passing under the drawbridge maintained by the city and county of San Francisco across Islais Creek Channel at Third street in said city and county, the foremast of the boat collided with the overhanging leaf of the drawbridge, the bridge being open at the time, resulting in damages to the vessel and giving rise to this suit in admiralty. This appeal is from a decree dismissing a libel in personam brought by appellant to recover from appellee, the city and county of San Francisco, the amount of damages sustained by the vessel.

At the time of the collision, the vessel was proceeding stem foremost, under her own power and helm but assisted by a tug at the stern, traveling in an easterly direction toward San Francisco Bay. The boat was being backed out of the channel because there was not enough room to turn her around. Two tugs had been ordered to assist the Robert Johnson, but the one at the bow, which was to be used, no doubt, for the purpose of keeping her straight in the channel, was not made fast, which fact the mate neglected to…