Albion Lumber Co. v. Inter-Ocean Transp. Co.

The libel herein sets forth that libel-ant, at Albion, on the coast of California, shipped on board the steam *1018 er Pomo certain lumber destined for San Francisco; that in consequence of a heavy storm the Porno’s engines became disabled, and the steam schooner Adeline Smith, in response to distress signals, came to her assistance, and, having passed her a line, commenced to tow her “with her cargo and all hands remaining on board of her”; that the managers of the Pomo, being apprised of her condition, notified the master of the Adeline Smith by wireless that the tug Dauntless would be sent out from San Francisco to take delivery and charge of the Pomo and her cargo, and requested said master to deliver the Porno to said tug; that the said tug met the said Adeline Smith with a representative of said managers on board, and said representative, by word of mouth, demanded of the master of the Adeline Smith that he deliver to him and the said tug the management, possession, and control of the Porno with her cargo, and “that' respondents wrongfully refused to deliver the said Porno or her cargo to her managers, or to surrender her into the keeping and control of the said tug…