The Thielbek

Good Law
154 C.C.A. 129·241 F. 209·1917 U.S. App. LEXIS 1746
United States Court of Appeals for the Ninth CircuitMarch 5, 1917No. 2769California3,703 words

Opinion

lead Opinion

Ross, J.

A collision in the harbor of Astoria between the steamship Thode Fagelund, owned by Wilhelm Wilhelmsen, and at the time laden and outward bound, and the bark Thielbek, owned by Knohr & Burchard, and at the time in ballast and in tow of the tug Ocklahama, going up the Columbia river from Astoria to the city of Portland, gave rise to the litigation disclosed by 'the record now before us. It resulted in serious damage to both ship and bark, but especially to the ship — the owners of the cargo of the latter also suffering loss. The ship wás at the time in question in charge of a duly licensed pilot named Nolan, employed for the purpose by the port of Portland, and the tug, which was one of the most powerful on the river, was with its tow in charge of a duly licensed pilot named Pease, also employed for the purpose by the port of Portland.

The latter is a municipal corporation created by and organized under an act of the Legislature of the state of Oregon in the year 1891. Neither by the act of its creation, nor as subsequently amended by the Legislature of the state, was the municipality authorized to engage in the ousiness of towage or pilotage; but in 1908, under a procedure then…

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