Legal Opinion
Elwood
District Court, S.D. California
Decided January 20, 1947No. 364PublishedCited by 6 opinions
1Opinion of the Court
YANKWICH, District Judge.
On January 22, 1943, between 11:30 p. m. and midnight, during an unusually severe storm, the Elwood, a kelp cutter 77.8 feet long and 27.9 feet wide and of 130 gross tons, broke from her usual mooring at McCormick Dock, in San Diego Bay, California.
In this libel in rem and in personam for collision, it is charged that the Betty L, a wooden fishing boat 59 feet long and 18 feet wide and of about 44 gross tons, safely moored, was struck, sunk and damaged by the drifting Elwood.
We are to determine the question of liability only. Such determination turns upon the…
2Cases cited22 opinions
- The LouisianaSupreme Court of the United States · 1866
- The President MadisonCourt of Appeals for the Ninth Circuit · 1937
- The ChickieCourt of Appeals for the Third Circuit · 1944
- Carr v. Hermosa Amusement Corporation, LimitedCourt of Appeals for the Ninth Circuit · 1943
- The RichmondDistrict Court, E.D. Virginia · 1902
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3Cited by6 opinions
- Weyerhaeuser Co. v. Vessels Atropos Island & CynthiaCourt of Appeals for the Ninth Circuit · 1985
- Maroceano Compania Naviera S.A. of Panama v. City of Los AngelesDistrict Court, S.D. California · 1961
- A. S. Wikstrom, Inc. v. Morania Oil Tanker Corp.District Court, N.D. New York · 1954
- Alprin v. City of TacomaCourt of Appeals of Washington · 2007
- Weyerhaeuser Company, a Corporation v. Vessels Atropos Island and Cynthia, (Two Cases). Weyerhaeuser Company, a Corporation v. Vessel Atropos Island, Etc., and Vessel Cynthia, Its Engine, Tackle, Gear and Furnishings, Etc., in Rem Evergreen Shipping Co., Ltd. And Cynthia Maritima Corporation., Foreign Corporations, Cynthia Maritima Corporation, and Evergreen Shipping Co., Ltd., Plaintiffs v. The Vessel M/v Atropos Island and A.S. Line K.K., a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1986
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