Kaseroff

Appellees, owners of the steam vessel Martindale, filed a libel against appellant and the steam vessel Yankee Clipper, of which appellant was owner and master, for damages suffered by the Martindale in a collision with the Yankee Clipper. Appellant answered, trial was had, findings of fact and conclusions of law were made and filed, and a decree was entered in appellees’ favor for $3,532.41, with interest and costs. From that decree this appeal is prosecuted.

The Martindale and the Yankee Clipper were American vessels engaged in sardine fishing in the Pacific Ocean off the coast of California. Each was of more than 40 tons gross tonnage. Both were purse seiners. The collision occurred between 1:30 A. M. and 2:45 A. M. on November 9, 1940, at a point about six miles south of the San Francisco lightship. The night was moonless, but clear, and the sea was calm. Shortly before the collision, the Martindale had located and circled a school of fish. 1 She had completed the circle and was preparing to make a set 2 when struck on her port side by the bow of the Yankee Clipper, causing damage to the Martindale the repair of which cost $3,532.41. The Yankee Clipper was not damaged.

The…