Oliver J. Olson & Co. v. The American Steamship Marine Leopard

Approximately 2:19 A.M. on May 14, 1956, the freighter Marine Leopard collided with the lumber schooner Howard Olson in the Pacific Ocean, about three miles off the California Coast near Point Sur. A few minutes after the collision the Howard Olson sunk. The collision gave rise to a number of admiralty ac *199 tions and three were consolidated for trial at this time for the purpose of determining fault. The consolidated actions consist of a libel filed by Oliver J. Olson & Co., the owners of the Howard Olson, against the Marine Leopard and her owners, Luckenbach Steamship Company, for damages occasioned by the total loss of the Howard Olson; Luckenbach’s cross libel against Olson & Co. for damages to the Marine Leopard; and, finally, a petition of Olson & Co. for exoneration from liability or, in the alternative if liability be found, that it be limited to the value of Olson & Co’s, interest in The Howard Olson after the collision ( 46 U.S.C.A. §§ 183-189 ). Numerous personal injury and death claimants and cargo claimants filed claims in the limitation action, but only a few took active part in the present trial.

The Marine Leopard is a C-4 freighter, 622 feet 10 inches long with…