The George W. Elder

Good Law
124 C.C.A. 332·206 F. 268·1913 U.S. App. LEXIS 1543
United States Court of Appeals for the Ninth CircuitJuly 7, 1913No. 2,202California1,055 words

Opinion

lead Opinion

Ross, J.

On the 21st of January, 1905, the steamship George W. Elder, having her home port at Portland, Or., and while engaged in the coastwise trade between Portland and California points, struck a rock and sank in the Columbia river. After several unsuccessful attempts to raise her, the owners abandoned the vessel to the underwriters, who subsequently sold her to the claimant Peterson. On the 31st of December, - 1905, her enrollment was surrendered. After Peterson’s purchase, the claimant Doe acquired an interest with him in the ship. Further efforts to raise her were made, which proved successful on the 21st of May, 1906 — about a year and four months after she had sunk. The vessel was then taken to the dry dock belonging to the libelant at St. John’s, Or., and there docked Miay 29, 1906. From that time until the 18th of September, 1906, she remained on the dock undergoing repairs and alterations, which were intended to and did fit her to resume her business as a coastwise steamer plying the waters of the United States. When the vessel left the dry dock, and the libelant sought to collect its stated amount for dry dockage and incidental services, the claimants refused to pay a balance…

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