Joncich

Joncich v. Xitco

Good Law
172 F.2d 1003·1949 A.M.C. 1854·1949 U.S. App. LEXIS 2803
United States Court of Appeals for the Ninth CircuitMarch 1, 1949No. 11879California2,597 words

Opinion

Lead Opinion

Driver, J.

On January 9, 1947, between 6:30 and 7:00 p.m., the fishing vessel, Pioneer, 183 tons gross and 86.5 feet long, cruising at 8 knots, stranded on a submerged rock ledge about three-quarters of a mile off Laguna Beach, California. She was on the rocks the full length of her keel and *1004 riding high at the bow. 1 An attempt to back her off on her own power failed and a distress call was sent out by radio: The Master of the North Queen, another fishing vessel of 150 tons gross 'and a length of 82 feet, carrying a crew of ten men, responded to the call and about 7:30 p. m. arrived at the place where the Pioneer was stranded. The North Queen maneuvered bow first to a position near the edge^ of the kelp bed that surrounded the Pioneer and turned around. By means of the Pioneer’s skiff, there was passed from her to the North Queen a manila line fastened to a % inch cable, the largest one available on either vessel. The cable was pulled aboard and attached to the main bitts aft. In order to preserve the maneuverability of the North Queen, it was necessary to rig the cable in such a way as to keep it clear of the purse seine net on a turn table at the stern. That result was accomplished…

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