In re Vest

It is alleged in the petition that on September 26, 1952, at or shortly after sunset, Vest’s party fishing boat Turtle collided with the Swedish vessel Los Angeles in San Francisco Bay near Alcatraz Island. The Turtle sank immediately and three of her passengers were drowned. At the time of the accident, Astikan, the operator of the vessel, was taking a small group of people on a night sightseeing tour of the bay. The evidence indicated that members of the group were drinking.

Claimants have appeared by various counsel asserting claims for damages or for indemnification. They include the Johnson Line, owner of the Los Angeles, and M. M. Melen (her pilot ati the time of collision), both of whom ask for indemnity or contribution in the event that they are held liable for the deaths resulting from the collision.

In accordance with the usual admiralty practice, the issue of claimants’ provable damages are reserved until the case has been decided on the merits. Should petitioner be granted exoneration there will be no need to go into the amount of claimants’ damages. Two main issues are to be decided:

1. Is petitioner Gerald Vest liable for the collision and the deaths resulting…