Union Transp. Co. v. Kent

Citations

• 129 F. 715
• 1904 U.S. App. LEXIS 4089

Syllabus

<p>1. Maritime Liens — Wrongful Death — Statutory Action for Damages.</p> <p>Code Civ. Proc. Cal. § 377, gives a right of action for wrongful death “against the person causing the death.” Section 813 provides that “all steamers, vessels and boats are liable * * * (5) for injuries committed by them to persons or property.” Held, that such statutes do not give a lien on a vessel for the damages recoverable under section 377 for a death resulting from collision, and that a suit in rem cannot be maintained in a court of admiralty to recover such damages.</p> <p>IF 1. Maritime liens for torts, see note to The Anaces, 34 C. C. A. 565.</p> <p>See Admiralty, vol. 1, Cent. Dig. § 285.</p> <p>2. Evidence — Weight—Right to Disbelieve Witness although Uncontbadicted.</p> <p>In a suit to recover for the death of a person on a launch which was sunk in collision with a steamer, where the only persons on the launch were drowned, the court is not bound to accept as true the testimony of the pilot of the steamer that the launch suddenly changed its course and ran directly into the steamer, although uncontradicted, the inherent improbability of such action being such as to warrant the court in disbelieving the testimony.</p> <p>3. Collision — Steamebs Meeting in Naebow Channel — Violation of Rules.</p> <p>A steamer held in fault for a collision in a river with two launches made fast together, in which the launches were sunk, and those on board drowned, on the ground that she did not have a proper lookout, and for violation of article 25 of the inland navigation rules (Act June 7, 1897, c. 4, 30 Stat. 101 [U. S. Comp. St. 1901, p. 2883]), which required her to keep on the other side of the channel.</p>