Thede v. Alaska S. S. Co.

Citations

• 5 Alaska 194

Syllabus

<p>1. Collision &wkey;>68—Vessels Moored.</p> <p>The steamship Dora was insecurely moored to the dock at Sewárd. During the night a storm arose and broke her loose. She swung on shore, striking the plaintiffs’ launch, which was safely anchored between her and shore, sinking the launch in the shallow water next to the shore. Held, the defendant is liable, by reason of its neglect in not properly mooring the steamship, for the damage sustained by the plaintiffs in the sinking and throwing on shore of the launch.</p> <p>2. Collision <&wkey;133—Damages—Mitigation.</p> <p>Where by collision with another boat a vessel is sunk in shallow water, it is the duty of the owner of the sunken vessel to make reasonable exertion to save the boat and prevent a total loss. The owner is bound to raise and repair. The increased injury after the lapse of a reasonable time to raise and repair is not the proximate result of the collision, but of the owner’s neglect to perform his duty to raise and repair, and he must bear that loss.</p> <p><®s=>See same topic & KEY-NUMBElt in all Key-Numbered Digests & Indexes</p>