Matson Nav. Co. v. Pope & Talbot, Inc.

Good Law
149 F.2d 295·1945 A.M.C. 767·1945 U.S. App. LEXIS 3476
United States Court of Appeals for the Ninth CircuitMay 11, 1945No. 10606California3,912 words

Opinion

Lead Opinion

Stephens, J.

A libel to recover damages arising out of a collision between the SS Maui and the SS Absaroka on San Francisco Bay was filed by the Matson Navigation Company, owner of the Maui, against the Absaroka and her owner, Pope & Talbot, Inc. The latter corporation in turn filed a libel against the Maui and the Matson Company. Answers and cross-libels were filed by both corporations. The suits were consolidated for all further proceedings, including trial. The district court adjudged the collision and resulting losses solely the fault of the Maui, decreed the recovery of damages by Pope & Talbot, Inc., and ordered a reference for proof of the Absaroka’s damages. The Matson Company appeals from the decision.

The Maui and the Absaroka were both steam cargo vessels. During the early morning of November 2, 1941, the former was proceeding from Crockett in a southerly direction parallel to Treasure Island toward Hunters Point. The Absaroka was outbound to sea from the Oakland Estuary and was proceeding in a westerly direction off Yerba Buena Island. The two vessels collided, when it was dark but clear, near the span between D and E caissons of the San Francisco-Oakland Bay Bridge. The owner of…

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