THE LIBBY MAINE

No. 8010.

3 F.2d 79 (1924)

THE LIBBY MAINE.

District Court, W. D. Washington, N. D.

November 8, 1924.


Attorney(s) appearing for the Case

Byers & Byers, of Seattle, Wash., for libelant.

Kerr, McCord & Ivey, of Seattle, Wash., for claimant Libby, McNeill & Libby.


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 F. 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...

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