Isthmian S. S. Co. v. American-Hawaiian S. S. Co.

Good Law
112 F.2d 223·1940 A.M.C. 562·1940 U.S. App. LEXIS 4930
United States Court of Appeals for the Ninth CircuitApril 12, 1940No. 9157California4,017 words

Opinion

Lead Opinion

Denman, J.

This is a proceeding in, admiralty in which are consolidated appeals from three decrees all based on a holding that the steamer Knoxville City was solely in fault for a collision with the steamer Arkansan. The collision was the result of maneuvers by the Knoxville City in navigating from her anchorage in the outer harbor of San Pedro to proceed to sea through the westerly opening of the San Pedro jetty and by the Arkansan which was steaming to pass through the opening to enter the harbor. The colliding point was inside the harbor to the northerly • of the opening.

The Isthmian Steamship Company, owner of the Knoxville City, has three appeals, one from an interlocutory decree in favor of the American-Hawaiian Steamship Company, owner of the Arkansan; one from a final decree dismissing its libel against the Arkansan; and a third from an interlocutory decree in favor of libelants Aiken Country Stores and others owning cargo on the Arkansan, for its damage as a result of the collision. The only questions raised by the appeals are concerning claimed errors in navigation on the part of each of the steamers.

The testimony was given in part at the hearing and in part by depositions. The…

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