Flores

The libel in this case charges that the purse-seiner owned by the libelant, towit, the Petrina F, collided with the purse-seiner owned by the respondent Vincent Spadaro on the 18th day of January, 1949, at approximately ten o’clock p. m. The location and facts of the accident as indicated by the evidence are not accurately alleged by the libel. The answer to the libel is more accurate in this .respect. It sets forth the facts substantially as proven by the evidence. Its allegations in this respect are as follows: “Both vessels were fishing for sardines south of Anacapa Island. The weather was clear, with the tide setting in an easterly direction. About ten o’clock on the evening of January 18, 1949, the New Rex made a circle to her left, paying out her net in the routine maneuver known as ‘making a set,’ at the conclusion of which she remained motionless in the water with her Ibow facing south, being fast to the two ends of the net which then formed a closed circle on her port, or easterly side. At approximately the same time, the Petrina F, being somewhat east of the area occupied by the New Rex and her net, completed a set with the bow of the Petrina F facing north, and the net…