Boston Marine Ins. v. Metropolitan Redwood Lumber Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. In the matter of the petition of the Metropolitan Redwood! Lumber Company, as owner of the steam schooner San Pedro, for limitation of liability on account of a collision between such vessel and the steamship Columbia, owned by. the San Francisco & Portland Steamship Company.
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Appeal from the District Court of the United States for the Northern District of California. In the matter of the petition of the Metropolitan Redwood! Lumber Company, as owner of the steam schooner San Pedro, for limitation of liability on account of a collision between such vessel and the steamship Columbia, owned by. the San Francisco & Portland Steamship Company. From a decree holding both vessels in fault and granting the petition for limitation of liability, the Boston Marine Insurance Company and others and John Swift and others appeal. The appellee, the Metropolitan Redwood Lumber…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The . finding, of the court below that the collision between the San Pedro and the Columbia was occasioned by the mutual fault of both vessels “in not going at a moderate rate of speed through the fog prevailing at the time and place of the collision” rests upon testimony received in open court, and must be taken as conclusive.
[1] On the voyage on which the collision occurred, the San Pedro was one man short of the number of seamen required by her certificate of inspection, and it is urged that the trial court erred in finding that that shortage was not one…
2Cases cited29 opinions
- La BourgogneSupreme Court of the United States · 1908
- Norwich Co. v. WrightSupreme Court of the United States · 1872
- Butler v. Boston & Savannah Steamship Co.Supreme Court of the United States · 1889
- The City of NorwichSupreme Court of the United States · 1886
- Richelieu & Ontario Navigation Co. v. Boston Marine InsuranceSupreme Court of the United States · 1890
24 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Petition of Marina Mercante Nicaraguense, SADistrict Court, S.D. New York · 1965
- The Erie Lighter 108District Court, D. New Jersey · 1918
- The Walter A. LuckenbachCourt of Appeals for the Ninth Circuit · 1926
- Petition of Oskar Tiedemann and CompanyDistrict Court, D. Delaware · 1959
- Kitsap County Transp. Co. v. HarveyCourt of Appeals for the Ninth Circuit · 1926
16 more not listed; retrieve them via the Exa API.