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PACIFIC SPRUCE CORP. v. CITY AND CO. OF SAN FRANCISCO

No. 7185.

72 F.2d 712 (1934)

PACIFIC SPRUCE CORPORATION v. CITY AND COUNTY OF SAN FRANCISCO, CAL.

Circuit Court of Appeals, Ninth Circuit.

August 31, 1934.

Attorney(s) appearing for the Case

Sawyer & Cluff and Webster F. Street, all of San Francisco, Cal., for appellant.

John J. O'Toole, City Atty., and Walter A. Dold, Chief Deputy City Atty., both of San Francisco, Cal., for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

SAWTELLE, Circuit Judge.

On the afternoon of December 5, 1929, while appellant's vessel, the Robert Johnson (a four-masted steam schooner, length 251 feet, beam 43 feet), was passing under the drawbridge maintained by the city and county of San Francisco across Islais Creek Channel at Third street in said city and county, the foremast of the boat collided with the overhanging leaf of the drawbridge, the bridge being open at the time, resulting in damages to the vessel...

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