Simpson v. Dollar
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. On the morning of August 31, 3808, the tug Columbia, which was maintained at Coos Bay, Or., as an emergency boat, and was the only tug in commission on or adjacent to the waters of that bay, left Empire City in charge of her master, with a deck-load cargo, consisting of 50,000 shinglos and some general merchandise, and bound for Gardner, Or., a port some 20 miles to the northward.
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Appeal from the District Court of the United States for the Northern District of California. On the morning of August 31, 3808, the tug Columbia, which was maintained at Coos Bay, Or., as an emergency boat, and was the only tug in commission on or adjacent to the waters of that bay, left Empire City in charge of her master, with a deck-load cargo, consisting of 50,000 shinglos and some general merchandise, and bound for Gardner, Or., a port some 20 miles to the northward. As she was coming out of the bay a steamer was, sighted coming in from the ocean. The lug soon after sighting the steamer…
1Opinion of the CourtGilbert, Circuit Judge
Upon a careful consideration of the evidence, we agree with the conclusion of the distiict court that the channel was sufficiently wide to permit the vessels to pass each other with safety, and that the accident to the Grace Dollar resulted .from an error of navigation, and not from any fault or negligence of the master of the tug-in giving the signal which he gave; There having been no risk to the tug or her crew in performing the salvage service in this case, the elements of salvage must be found in the value of the rescued vessel, and in the peril to which she was exposed. In the light of…
2Cases cited4 opinions
- Hall v. The Bay of NaplesCourt of Appeals for the Second Circuit · 1891
- The TrefusisCourt of Appeals for the Fifth Circuit · 1899
- Commercial Towboat Co. v. The George W. ClydeCourt of Appeals for the Second Circuit · 1898
- Marcussen v. SaundersCourt of Appeals for the Fifth Circuit · 1895
3Cited by5 opinions
- The FlottbekCourt of Appeals for the Ninth Circuit · 1902
- Perriam v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1904
- Steamer Avalon Co. v. Hubbard S. S. Co.Court of Appeals for the Ninth Circuit · 1919
- Joncich v. XitcoCourt of Appeals for the Ninth Circuit · 1949
- The Celtic ChiefCourt of Appeals for the Ninth Circuit · 1916