The City of Oakland

N.D. California

The City of Oakland

277 F. 969, 1922 U.S. Dist. LEXIS 980

District Court, N.D. California·Decided January 13, 1922·No. No. 17234·Published

Opinion

DOOLTXG, District Judge.

[1] Respondent was warned that its dredg-e was operating in the neighborhood of libelant’s cable and was likely to cut it. The warning was apparently unheeded. Either the dredge or the cable was out of its proper place. The cable was practically stationary, with a possible swing of SO feet. The dredge was moving. It is more likely that the dredge was out of place than that the cable was.

[2] A decree will therefore be entered for libelant. I am not sure that the action in rem may be maintained, but a decree in rem will be entered, so that the matter may be determined for the guidance of all of us.

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DOOLTXG, District Judge.

[1] Respondent was warned that its dredg-e was operating in the neighborhood of libelant’s cable and was likely to cut it. The warning was apparently unheeded. Either the dredge or the cable was out of its proper place. The cable was practically stationary, with a possible swing of SO feet. The dredge was moving. It is more likely that the dredge was out of place than that the cable was.

[2] A decree will therefore be entered for libelant. I am not sure that the action in rem may be maintained, but a decree in rem will be entered, so that the matter may be determined for the guidance of all of us.

The City of Oakland, 277 F. 969, 1922 U.S. Dist. LEXIS 980 (N.D. Cal. 1922).

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