Hertz v. Consolidated Fisheries, Inc.

HARRIS, District Judge.

Libelant, owner and pilot of a 36-foot gas screw called the Diana Claire, seeks to recover damages from respondents, owners of a 55.8-foot fishing vessel called the Crescent which caused the sinking of the Diana Claire in a collision at sea.

During the trial, the parties agreed upon certain facts: The collision took place on a clear, windless day upon a calm sea. Both vessels were navigating on the high seas outside the Golden Gate and were subject to the regulations set forth in the International Rules of Navigation, 33 U.S.C.A. §§ 61-141.

The Diana Claire was traveling…