WEYERHAEUSER SALES COMPANY v. THE CYNTHIA OLSON

No. 26387.

131 F.Supp. 148 (1954)

WEYERHAEUSER SALES COMPANY, a corporation, et al., Libelants, v. THE CYNTHIA OLSON, her tackle, apparel, and machinery, et al., Respondents.

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

September 23, 1954.


Attorney(s) appearing for the Case

James A. Quinby, Derby, Cook, Quinby & Tweet, San Francisco, Cal., for libelant.

Brobeck, Phleger & Harrison, Alan B. Aldwell, San Francisco, Cal., for respondent.


GOODMAN, District Judge.

The main issue in this cause is whether the jettisoning of libelants' shipments of lumber was caused by "peril of the sea" or by the unseaworthiness of respondent's vessel. If the former was the cause, libelants must lose; whereas they succeed in their libel if the latter was the cause.

The evidence shows that the Cynthia, while en route in coastal waters from Oregon to San Pedro, California, took a sudden list of approximately 35...

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