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

No. 4679.

10 F.2d 72 (1926)

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

Circuit Court of Appeals, Ninth Circuit.

January 4, 1926.

Attorney(s) appearing for the Case

W. H. Bogle, Lawrence Bogle, and Frank E. Holman, all of Seattle, Wash., for plaintiff in error.

S. Hasket Derby and Carroll Single, both of San Francisco, Cal., and Bruce C. Shorts, of Seattle, Wash., for defendant in error.

Before GILBERT, HUNT, and McCAMANT, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

We accept the finding of the trial court upon the evidence in the case as conclusively establishing that the sinking of the vessel was caused by her being in so topheavy, unstable, tender, and unfit condition, due to the improper manner in which the cargo taken on at Tacoma was stowed, as to be unable to withstand the effect of certain well-known tidal currents, together with a current caused by the waters...

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