Bergher

Bergher v. General Petroleum Co.

Good Law
242 F. 967·1917 U.S. Dist. LEXIS 1273
United States District Court, Northern District of CaliforniaMay 23, 1917No. 16153California1,486 words

Opinion

lead Opinion

Dooling, J.

On August 1, 1915, the steamer Mills, under charter to respondent General Petroleum Company, became disabled while off the west coast of Mexico because, owing to dirt and water, in her fuel oil, she was unable to make steam. In this condition she drifted with the wind and current at the rate of about a mile an hour until August 5th, when she was picked up by the steamer Francis Planify and towed to San Pedro. During the four days before she was picked up she drifted from a position about 60 miles from shore to a position about 10 miles off shore. On August 1st her master sent the following message to San Pedro:

On the same day respondent Petroleum Company replied:

Later, but apparently on the same day, respondent sent the following:

On August 2d respondent sent the following:

To this the Mills replied on the same day:

Thereafter, and on the same day, at 1 p. m., the Mills sent the following :

And at 5 :07 p. m. she sent the following:

*969 Why the tug sent out did not find the Mills does not appear. On August 2d the steamer Francis Hanify left San Francisco for San Pedro, there to take on a cargo, of fuel oil for Tocappila, Chile. Her crew shipped at San Francisco under…

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