The Fullerton
Court of Appeals for the Ninth Circuit
Appeal and Cross-Appeal from the District Court of the United States for the First Division of the Northern District of California; Frank S. Dietrich, Judge. Suit in admiralty for collision by the Southern Pacific Company, as owner of the car ferryboat Transit, against the barkentine Fullerton (the Mission Transportation & Refining Company, claimant), and cross-libel. Decree dismissing both libel and cross-libel, and both parties appeal.
Read the full summary
Appeal and Cross-Appeal from the District Court of the United States for the First Division of the Northern District of California; Frank S. Dietrich, Judge. Suit in admiralty for collision by the Southern Pacific Company, as owner of the car ferryboat Transit, against the barkentine Fullerton (the Mission Transportation & Refining Company, claimant), and cross-libel. Decree dismissing both libel and cross-libel, and both parties appeal. In September, 1909, the Fullerton, a four-masted barkentine 235 feet in length belonging to the appellant herein, was anchored off Mission Bay slip in San…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The court below, upon conflicting evidence', the value of which de*835pended upon the credibility of witnesses who were heard in open court, found that at and prior to the time o'f the collision the Fullerton’s bell was being rung in the manner required by the rules. That finding, upon well-settled principles, may be taken as conclusive, since there is no showing that it is against the decided weight of the evidence. It was conceded that the Fullerton’s anchor lights were up and were burning brightly. But the court made no finding as to the speed of the…
2Cases cited26 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- The OregonSupreme Court of the United States · 1895
- The City of New YorkSupreme Court of the United States · 1893
- The ChattahoocheeSupreme Court of the United States · 1899
- The NacoocheeSupreme Court of the United States · 1890
21 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- The NewaCourt of Appeals for the Eighth Circuit · 1920
- The Kaga MaruDistrict Court, W.D. Washington · 1927
- The DjerissaDistrict Court, E.D. Virginia · 1919
- Ingalls v. BoddenCourt of Appeals for the Fourth Circuit · 1919