Wilkins v. Foss Launch & Tug Co.

Robinson, J. —

This appeal presents a single but difficult question of law. Two small vessels, while navigating in Puget Sound, came into collision. One was damaged, and her owner brought a tort action at law against the owner of the other. The trial judge, having heard the evidence, announced that he would enter findings holding that both vessels were negligently navigated and enter judgment of dismissal. Thereupon, the plaintiff contended that he was entitled to have the divided damage rule of the admiralty courts applied.

The difference between the rules hitherto applying in admiralty and…