Permanente Steamship Corp. v. The American Steamship Colorado

Good Law
129 F. Supp. 65·1955 U.S. Dist. LEXIS 3465
United States District Court, Northern District of CaliforniaFebruary 21, 1955Nos. 26749 and 26767California2,697 words

Opinion

lead Opinion

Roche, J.

, Action by libelant, owner of the American Steamship Permanente Silverbow, against the respondent, owner of the American Steamship Colorado, for damages sustained by the Silverbow in a collision between the two vessels in the alleged amount of $475,000. The owner of the Colorado in a separate action, claims against the Silverbow for damages to the Colorado in the amount of $275,000. The two actions were consolidated.

The facts are as follows:

On the evening of January 1, 1954, a few minutes after 9:00 P.M., the Silver-bow, southbound, a steel cargo vessel of the “Victory” type, about 439 feet in length, with a gross tonnage of 7606 tons, and the Colorado, northbound, also a steel cargo vessel of the “Victory” type collided at a point twelve miles off the coast of California in the vicinity of Fort Bragg. The Silverbow was bound from Portland, Oregon to San Francisco without cargo; the Colorado was bound from San Francisco to Vancouver, B. C. laden with 3,200 tons of cargo.

The sea was calm. There was little or no wind, current was negligible, and although the night was dark, visibility was excellent.

Both vessels were being navigated by their junior third mates, each of whom…

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