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RODRIGUEZ v. BAGALINI

No. 5010.

17 F.2d 921 (1927)

RODRIGUEZ v. BAGALINI.

Circuit Court of Appeals, Ninth Circuit.

March 7, 1927.

Attorney(s) appearing for the Case

Harold M. Sawyer and Alfred T. Cluff, both of San Francisco, Cal., for appellant.

R. A. McKay and Shreve, Green & Shreve, all of San Diego, Cal., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge.

On September 8, 1925, the Mary Pigeon, a Diesel boat of 31 tons gross tonnage, carrying a crew of five men, was fishing about 12 miles out from Ascencion Point, Mexico. She had taken about 25 tons of fish which were piled on her afterdeck. It was discovered that water was pouring into the engine room from the top of the bait well. The bait well was a large rectangular tank for carrying live sardines, which were used for bait. It was a structural...

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