Rodriguez v. Bagalini

GILBERT, Circuit Judge.

On September 8, 1925, the Mary Pigeon, a Diesel boat of 31 tons gross tonnage, carrying a crew of five men, was fishing about 12 miles out from Ascención Point, Mexico. She had taken about 25 tons of fish which were piled on her afterdeek. It was discovered that water was pouring into the engine room from the top of the bait well. The bait well was a large rectangular tank for carrying live sardines, which were used for bait. It was a structural part of the boat made with water-tight partitions extending from the bottom of the vessel to the deck, with the bottom…