Pacific Coast Coal Co. v. Alaska S. S. Co.

The opinion heretofore rendered in favor of the Pacific Coast Coal Company and the United States in this admiralty proceeding for limitation of liability for the wrecking and total loss of the passenger and freight Steamship Denali and the loss of her cargo is reported in The Denali, 9 Cir., 105 F.2d 413 . In it we sustained the contentions of the appellants that the limitation of liability should be denied and that they should recover in full for their loss of cargo.

*954 Our findings disagreed with the District Court, The Denali, 23 F.Supp. 145 , with regard to the method in which the Denali’s owner managed her with respect to the working hours of her navigating mates. We found that the first mate of the Denali, a pilot taking the place of the first mate who did not act as mate on the voyage, had stood 12 hours watch in two 6-hour watches per day on the voyage prior to the strand, instead of but 8 hours per day in watches alternating with the two other mates as required by the three-watch provision for mates' of Section 2 of the Act of May 11, 1918, 46 U.S.C. § 223 , 46 U.S.C.A. § 223 . It matters nothing that an established practice is shown under the three-watch system for…

(dissenting in part).

I adhere to the views expressed in my former dissent, The Denali, 9 Cir., 105 F.2d 413, 420 . For reasons there stated, the decree should be reversed, and the case should be remanded, with directions to enter a decree limiting appellee’s liability, as provided in § 4283 of the Revised Statutes, 46 U.S.C.A. § 183 .