Richmond Dredging Co. v. Standard American Dredging Co.

Good Law
126 C.C.A. 20·208 F. 862·1913 U.S. App. LEXIS 1732
United States Court of Appeals for the Ninth CircuitOctober 31, 1913No. 2,208California1,898 words

Opinion

lead Opinion

Woeverton, J.

[ t ] (after stating the facts as above). In the nature of the controversy the first question logically arising for decision is the one suggested by the respondent the Standard Company, namely, that admiralty has not jurisdiction of the cause.

In support of wliat is alleged touching the nature of the craft, it is shown by the testimony of H. C. Cutting, president of the libelant company, that her dimensions are length 75 feet, beam 30 feet, and draws 4y2 feet of water; .that she has a srtperstructurc containing machinery, pilot house, galley, messroom, and cabin accommodations for crew. The witness further testifies that she “operates afloat and not otherwise” ; that “she was built for the purpose of dredging a ship canal at Richmond and cleaning her out — her occupation is to clean out canals *866 and harbors and to make fills”- — that “since her construction she has never been operated otherwise than afloat”; and that “she is equipped to navigate any place if you have a mind to take her. She has made one ocean voyage.” The voyage referred to is one whereby she was taken from San Francisco Bay to Humboldt Bay and returned. The testimony of R. A. Perry, the president of the…

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