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KING COAL CO. v. UNITED STATES

No. 18292.

7 F.2d 153 (1925)

KING COAL CO. v. UNITED STATES et al. AMERICAN-HAWAIIAN S. S. CO. v. UNITED STATES. UNITED STATES v. AMERICAN-HAWAIIAN S. S. CO.

District Court, N. D. California, S. D.

June 24, 1925.

Attorney(s) appearing for the Case

Ira S. Lillick and Theodore M. Levy, both of San Francisco, Cal., for libelant.

Sterling Carr, U. S. Atty., of San Francisco, Cal., and Frank Maytham, Sp. Asst. Atty. Gen., for respondents.

Andros, Hengstler & Dorr and F. W. Dorr, all of San Francisco, Cal., for third party respondent.

KERRIGAN, District Judge.

As before stated at the time of the oral argument, I am unable to agree with counsel for the government that this is a case of inevitable accident. On the contrary, I believe the accident to have been a direct result of negligence on the part of those in charge of the Hagan, which was being operated by the United States Shipping Board. The real question is whether or not the Pennsylvanian also is responsible for the damage, which it is not...

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