Oregon Round Lumber Co. v. Portland & Asiatic S. S. Co.
District Court, D. Oregon
In Admiralty. Proceedings for limitation of liability. This is a libel and petition in behalf of the Oregon Round Lumber Company for the ascertainment of liability, and, if any be adjudged against it,, iiien for a limitation thereof, as it respects the sinking of the barge Monarch, whereby certain coal, the property of the respondent Portland & Asiatic Steamship Company, was lost, and one Otto Pannier was drowned.
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In Admiralty. Proceedings for limitation of liability. This is a libel and petition in behalf of the Oregon Round Lumber Company for the ascertainment of liability, and, if any be adjudged against it,, iiien for a limitation thereof, as it respects the sinking of the barge Monarch, whereby certain coal, the property of the respondent Portland & Asiatic Steamship Company, was lost, and one Otto Pannier was drowned. The petitioner was the owner of the barge, and on December 23d leased it to the respondent Portland & Asiatic Steamship Company, to be employed in carrying coal from the bunkers or…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above).
Preliminary to an examination of the cause upon its merits, the question has again been presented as to whether Pannier, being engaged in a maritime service, was subject to the rule relating to the assumption of risk incident to his employment. I held, on a previous hearing on exceptions to the libel, that a seaman, in his employment as such, was not subject to the rule, and this under the authority of Rafourche Packet Co. v. Henderson, 94 Fed. 811, 36 C. C. A. 519. From a further *914consideration, on reargument of the principle, I am convinced that the…
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