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OLYMPIA CANNING CO. v. UNION MARINE INS. CO.

No. 8439.

5 F.2d 522 (1925)

OLYMPIA CANNING CO. v. UNION MARINE INS. CO., Limited.

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

April 14, 1925.

Attorney(s) appearing for the Case

Bogle, Bogle & Holman, of Seattle, Wash., for plaintiff.

Shorts & Denney, of Seattle, Wash., for defendant.

NETERER, District Judge (after stating the facts as above).

In the absence of adverse proof, it is presumed that the ship floundering at sea is because of the "peril of the sea." Rule 7, Sched. 1, Eng. Marine Act 1906; Delanty v. Yang Tsze Ins. Ass'n, 127 Wn. 238, 220 P. 754. Here the cause is known. The ship was seaworthy at the inception of the voyage. The issue is: Was the loss due to a peril of the sea? There is a distinction between "damages arising on the sea...

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