Roanoke

Good Law
235 F. 1022·1916 U.S. Dist. LEXIS 1459
United States District Court, Northern District of CaliforniaSeptember 11, 1916No. 15669California529 words

Opinion

lead Opinion

Dooling, J.

The steamer Roanoke collided with and destroyed a government beacon in San Pedro Harbor on May 7, 1912. I have little difficulty in deciding that the cause of the collision was the negligent handling of the steamer, and that she is responsible for the damage occasioned thereby. It is not so easy to determine from the evidence the amount of such damage. -Practically the only evidence upon this question is that the beacon which was destroyed was built in 1909 at a cost not stated; that it was purchased by the govern *1023 ment on June 30, 1911, for the sum of $350; and that a new beacon has been erected at a cost to the government of $450, the actual contract price, with some charges for superintendence which bring the total cost up to $502.50. There is some conflicting evidence as to the condition of the piles upon which the destroyed beacon rested; libel-ant’s witnesses testifying that they were sound, and respondent’s witnesses testifying that they were badly eaten by teredos. There is some suggestion, too, that the life of a pile in the San Pedro Harbor is three years.

In this state of the record, respondent contends that the court has not sufficient evidence before it to…

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