Olympian Dredging Co. v. Southern Pac. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the First Division of the Northern District of California; Frank H. Rudkin, Judge. _ _ Suit in admiralty by the Olympian Dredging Company against the Southern Pacific Company and the California Pacific Railfoad Company. Decree for respondents, and libelant appeals.
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Appeal from the District Court of the United States for the First Division of the Northern District of California; Frank H. Rudkin, Judge. _ _ Suit in admiralty by the Olympian Dredging Company against the Southern Pacific Company and the California Pacific Railfoad Company. Decree for respondents, and libelant appeals. Libel in personam against the Southern Pacific Company and California Pacific Railroad Company filed by Olympian Dredging Company to recover damages arising out of a collision oJ: the dredger Thor with certain submerged piles in the Sacramento river. The allegations of the…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] When the railroad company built the new bridge there was an obligation upon it to remove any piling that had been used in support of tire 1878 bridge, and which then constituted an obstruction to navigation, or which, considering the general character of the Sacramento river and the reasonable probability that in the future its bed in that vicinity would be materially shifted, would become an obstruction. We believe such a standard is correct generally, and is to be applied to the facts of the present case, where the railroad company knew that the…
2Cases cited6 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
- The Santa RitaCourt of Appeals for the Ninth Circuit · 1910
- Vessel Owners' Towing Co. v. WilsonCourt of Appeals for the Seventh Circuit · 1894
- Northern Pac. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1900
- Maxon v. Chicago & N. W. Ry. Co.District Court, E.D. Wisconsin · 1903
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