Evich

Evich v. Santa Lucia

Good Law
94 F. Supp. 607·1950 U.S. Dist. LEXIS 2193
United States District Court, Southern District of CaliforniaDecember 29, 1950No. 10I56-YCalifornia896 words

Opinion

lead Opinion

Yankwich, J.

The above-entitled cause, heretofore tried, argued and submitted, is now decided as follows:

The Court, having reached the conclusion that the damages caused 'by reason of collision between the vessel Clermont, owned by libelants and The Santa Lucia, owned by cross libelants, on April 4, 1949, was caused by mutual fault, it is ordered that an interlocutory decree be entered that both vessels were at fault and that the damages arising therefrom by reason of the physical damage to the vessels and the detention of the respective vessels while under repair be divided and apportioned.

The matter is referred to Leslie S. Bow-den, Esq., with direction to ascertain and compute the damages sustained by libelants and cross libelants and to make findings thereon, as to which the libelants and cross libelants have agreed in open court, and as a condition of such reference, that no exceptions should be taken by either side.

Each side will bear its own costs. Counsel for the libelants will prepare findings and interlocutory decree according to Local Rule 7.

Comment

Libel and cross li'bel for damages resulting from collision on April 4, 1949, south of the entrance to the Los Angeles Harbor…

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