O'Brien

O'Brien v. The Umattilla

Good Law
12 Sawy. 167·29 F. 252·1886 U.S. Dist. LEXIS 185
United States District Court, Northern District of CaliforniaDecember 1, 1886California4,078 words

Opinion

Lead Opinion

Hoffman, J.

On the morning of February 9,1884, the steam-ship Umattilla, Frank Worth, master, bound on a voyage from San Francisco to Seattle, struck on a rock of Flattery reef, some 12 or 13 miles to the southward of Cape Flattery. The captain, warned of danger by short blasts of the steam-whistle, had barely time to reach the deck, when he was felled by the shock caused by the striking of the ship upon the rock. He at once gave orders to the engineer to go ahead slowly, in order to prevent the vessel from sliding off the rocks, and foundering in deep water. The first officer was ordered to sound the forward hold. In his deposition the captain is made to say that the first officer reported 18 feet of water in this lower hold. This is evidently an error, perhaps clerical. There is no doubt, however, that on taking off the fore-hatch the hold was found full of water, and it was by all hands expected that the ship would speedily founder.

*253 While the first mate was forward, engaged in getting the stay-sail adrift, and lifting the hatches to ascertain the condition of the hold, the captain had ordered the boats to be made ready, and, when the mate came aft, the port boat had been lowered, and…

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