Hertz

Hertz v. Consolidated Fisheries, Inc.

Good Law
105 F. Supp. 948·1952 U.S. Dist. LEXIS 4239
United States District Court, Northern District of CaliforniaJuly 9, 1952No. 25940California1,245 words

Opinion

lead Opinion

Harris, J.

Libelant, owner and pilot of a 36-foot gas screw called the Diana Claire, seeks to recover damages from respondents, owners of a 55.8-foot fishing vessel called the Crescent which caused the sinking of the Diana Claire in a collision at sea.

During the trial, the parties agreed upon certain facts: The collision took place on a clear, windless day upon a calm sea. Both vessels were navigating on the high seas outside the Golden Gate and were subject to the regulations set forth in the International Rules of Navigation, 33 U.S.C.A. §§ 61-141 .

The Diana Claire was traveling at about 8 knots and was unencumbered. The Crescent was making about 2 knots and was encumbered with a dragline pulling about 5,0C0 pounds, plus the weight of the fish in the net.

The Diana Claire was moving in a southeasterly direction and the Crescent was navigating in a westerly direction as the vessels approached on crossing courses. *949 The angle of the convergence was from 40° to 45°, with the Diana Claire on the starboard side of the Crescent before the collision and the Crescent off the port bow of the Diana Claire. The Diana Claire was navigating through an automatic pilot and never changed course…

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