Cardinale

Mrs. Cardinale appeals from an order made and entered on December 18, 1956 denying her motion to make a matter of record a verbal order setting aside the findings of fact and decree denying her claim under 46 U.S.C.A. § 740 1 for damages for appellee’s negligent conduct in supplying fuel to her husband’s fishing boat, making it a dangerous vessel the explosion on which caused his death.

The decree on her libel adverse to her was made and entered on January 30, 1956, D.C., 136 F.Supp. 487 . Appellant on March 14, 1956 made a verbal motion to set aside the decree for a reconsideration of the findings. The Clerk’s transcript of this transaction reads as follows:

With regard to such a verbal order it is the law in the Northern District of California that appellant, the prevailing party in this motion, within five days of its making “shall” prepare a draft of the order and present it with a copy for approval to the appellee, the defendant in the court below. This is required by Rule 21 of the General Rules of the District Court of the Northern District of California effective April 1, 1955, before the libel was filed, which are applicable in admiralty where not inconsistent with any…