The Libby Maine
District Court, W.D. Washington
1Opinion of the Court
NETERER, District Judge.
The respondent claims that under sections 9913, 9914, C. S. of Wash., the flotilla of rafts was a public nuisance, in that it obstructed navigable waters of the harbor, and that under The Admiral Cecille (D, C.) 134 P. 673 (this district), no permit having been obtained, the libelant was clearly at fault, and may not recover.
The mere fact of anchorage without written permit is not a bar, where the injury was the result of the negligence of another.1 The libelant, however, was clearly at'fault in anchoring the flotilla and not giving signals, as provided by article 15…
2Cases cited12 opinions
- Katterhagen v. MeisterWashington Supreme Court · 1913
- Switzer v. SherwoodWashington Supreme Court · 1914
- Charles Barnes Co. v. One Dredge BoatDistrict Court, E.D. Kentucky · 1909
- Seabrook v. Raft of Railroad Cross-TiesDistrict Court, D. South Carolina · 1889
- Erie & Western Transp. Co. v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1910
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3Cited by2 opinions
- Town of Scituate v. MaxwellMassachusetts Supreme Judicial Court · 1959
- Knappton Corp. v. Occupational Safety and Health Review Com'nCourt of Appeals for the Ninth Circuit · 1992