Sea Ins. Co. v. American-Hawaiian S. S. Co.

This is an appeal by the Sea Insurance Company, Ltd., and other insurers,' sub-rogees of payers of general average claims arising from a collision between the steamers Knoxville City and the Arkansan in the harbor of San Pedro, California, from a final decree dismissing their libel against the Arkansan.

The appeal was argued at the same time as those of the Isthmian Steamship Company v. American-Hawaiian Steamship Company, 9 Cir., 112 F.2d 223 , this day decided in favor of the owners of the Arkansan.

Appellants urge the same faults in the Arkansan’s navigation which were claimed in the Isthmian Steamship Company case, and which we have held were not committed. In addition, they claim that the Arkansan was in fault because she failed to maintain a competent and efficient lookout and because she failed promptly to reverse her engines.

With regard to the lookout it is not questioned that a competent seaman was at the Arkansan’s bow. It is claimed he should havp seen sooner the Knoxville City’s lights as she moved behind the three anchored ships, the fishing boats and the lighthouse, and that if he had done so the Arkansan would not have entered until the Knoxville City had passed…