The Tillicum

Good Law
144 C.C.A. 557·230 F. 415·1916 U.S. App. LEXIS 1453
United States Court of Appeals for the Ninth CircuitFebruary 7, 1916No. 2616California565 words

Opinion

lead Opinion

Ross, J.

There is practically no conflict in the testi - mony in regard to the cause of the collision which occurred between the freight and passenger steamer Rosalie, at the time making her regular night trip southward from Bellingham to Seattle, and the tug Tilliami, having in tow a barge made fast on her port side, and which was proceeding from the Standard Oil dock at the port of Seattle on her usual course towards Marysville, unless it be in respect to the speed of the Rosalie after she entered the heavy fog. The collision resulted in damage to both the libelant and cross-libelant, which was by tbe decree divided between them; the court having found both vessels in fault.

We think, from the evidence, that the trial court was substantially correct in thus stating the facts:

Article 16 of the act of Congress entitled “An act to adopt regulations for preventing collisions at sea” provides, among other things, that:

In the present case, when the Rosalie first heard a whistle ahead, her engine was stopped for about a minute, during which time she drifted, and, hearing no response to the whistle she gave, was started forward; but her engine was almost immediately reversed — she having…

rehearing Opinion

Order Denying Rehearing.

Upon consideration thereof, it is ordered that the petition, filed March 2, 1916, on behalf of the appellant herein for a rehearing of the above-entitled cause be and hereby is denied. It is further ordered that the decree filed and entered in the above-entitled cause on the 7th day of February, 1916, be and hereby is amended so „as to read as follows;

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