In re Pacific Mail S. S. Co.

Citations

• 126 F. 1020
• 1903 U.S. Dist. LEXIS 67

Syllabus

<p>1. Shipping — Sinking of Vessel — Negligence of Navigating Officers.</p> <p>Tlie sinking of the steamer City of Bio de Janeiro outside San Francisco by striking a sunken rock held, under the evidence, to have been due to the gross negligence of the master and pilot in attempting to enter the port when the fog was so thick that she could not be safely navigated, because the lines of the shore could not be seen, and it was not possible to ascertain her exact position in the channel.</p> <p>8. Same — Limitation of Liability — Privity of Owner.</p> <p>The fact alone that the crew of a vessel were Chinese, and unable to speak or understand the language spoken by any of the officers except the boatswain, does not establish that the vessel was not properly officered and manned, so as to preclude the owner from limiting its liability, under Bev. St. § 4283 [TJ. S. Comp. St. 1901, p. 2943], for losses resulting from her sinking through the negligence of the master and pilot, where it appeared that the crew were competent sailors, and that there was no difficulty in communicating orders to them through the Chinese boatswain.</p> <p>If 2. Limitation of shipowner’s liability, see note to The Longfellow, 45 O. C. A. 3S7.</p>