People of California v. The Steamship Jules Fribourg
Opinion
lead Opinion
Murphy, J.
This case concerns the liability of respondents to the libelant, the State of California, and to each other, for damage done by the vessel Jules Fribourg, owned by respondent Arrow Steamship Company, and chartered to respondent States Marine Corporation at the time of the collision.
Respondent Shipowners & Merchants Towboat Company, another party to this case, has served 11 interrogatories, as amended, and 23 requests for admissions on respondent Arrow Steamship Company. The purpose of these interrogatories and requests for admissions, in the words of respondent Shipowners, is “(1) to establish that States Marine Corporation of Delaware was authorized to enter into the “pilotage” clause on behalf of Arrow Steamship Company and therefore Arrow Steamship Company did so contract with the tug company, and (2) to obtain facts to permit Shipowners to prove the existence of the authority of States Marine”. The existence of such authority, which may turn largely on the application and validity of the pilotage clause above referred to, is a crucial legal issue in this case. Respondent Arrow Steamship Company objects to the interrogatories and to the requests for admissions on a number of…