THE MABEL

Decision Date03 November 1932
Docket NumberNo. 6683.,6683.
Citation61 F.2d 537
PartiesTHE MABEL. WORKMAN et al. v. LEWIS et al. STEELE v. SAME. LEWIS et al. v. WORKMAN et al.
CourtU.S. Court of Appeals — Ninth Circuit

Walter E. Hettman, of San Francisco, Cal., for appellants Workman and Baumgarten.

Walter E. Hettman and Edward F. Treadwell, both of San Francisco, Cal., for appellant Steele.

H. W. Hutton, of San Francisco, Cal., for appellees.

Before WILBUR and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

This is an appeal by A. L. Workman and Ralph F. Baumgarten, libelants of the fishing boat Mabel, and by one W. F. Steele, brought in by third party process. The claimants, as cross-libelants and cross-appellants, have filed assignments of error alleging that the trial court erred in certain rulings to their prejudice.

The libelants alleged in their libel:

"That the respondent vessel `Mabel' is a gas screw or an oil boat about sixty-two feet long and about fifteen foot beam, is of wooden construction and is equipped with a Diesel engine.

"That on or about the 9th and/or 10th day of November, 1929, Ralph F. Baumgarten discovered the `Mabel' upon the rocks off the coast of California near the town of Pescadero, County of San Mateo, State of California, in a disabled condition, abandoned by her crew, and in imminent danger of complete destruction by the breakers, wind, and tide, and totally and wholly abandoned and without any person or persons on board.

"That thereafter, and on or about the 10th day of November, 1929, libelant Ralph F. Baumgarten, at great risk to his own safety and under difficulties, made a line fast from the said `Mabel' to the shore for the purpose of affording a means of carrying tackle and other valuable equipment of the `Mabel' ashore and for the further purpose of expediting the running of other lines and cables from the land to the `Mabel'; that because of the position of the `Mabel' it was impossible to free her and save her whole and intact; that thereafter, by use of lines, cables, tractors, and other shore equipment and assisted by men employed by them for the purpose, libelant, A. L. Workman, and Ralph F. Baumgarten, succeeded in bringing ashore and saving the engines, machinery, tanks, mast, and other equipment of the said `Mabel' which would otherwise have been a complete loss.

"That the libelant believes, and therefore alleges, that the said service was a valuable service for which the libelant and Ralph F. Baumgarten are entitled to the sum of Two Thousand Dollars ($2,000.00), or thereabouts; that if it had not been for said service, the gas screw boat `Mabel' and her engines, tackle, apparel and furniture would have been a total loss. That libelant does not know the value of the `Mabel', but when so informed will beg leave to amend his libel, if he be so advised."

The libel concludes with the usual prayer for relief.

Respondents, appellees here, denied the allegations of the libel and filed a cross-libel against the libelants and W. F. Steele, alleging the wrongful conversion of the vessel and its equipment by them, and praying judgment for the value thereof. The trial court found against the appellants and entered judgment against each and all of them on the cross-libel for the sum of $5,000. That court found, among other things, that:

"It is not true that on or about the 9th and 10th days of November, 1929, or at any other time or at all, Ralph F. Baumgarten discovered the `Mabel' upon the rocks off the coast of California, near the town of Pescadero, County of San Mateo, State of California, abandoned by her crew and/or in imminent danger of complete destruction by the breakers, wind, and tide, or totally or wholly abandoned; it is true that said vessel had no one on board for a portion of the 10th day of November, 1929, but it is not true that said vessel was ever at any time either totally, actually or constructively abandoned.

"It is not true that on or about the 10th day of November, 1929, libelant Ralph Baumgarten, at great or any risk to his own safety or under any unusual difficulties made a line fast from the said `Mabel' to the shore for the purpose of affording a means of carrying tackle and/or other valuable equipment of the `Mabel' ashore and/or for the further purpose of expediting the running of other or any lines, cables or anything else from the land to the said `Mabel' nor is it true that because of the position of said `Mabel' it was impossible to free her and save her whole or intact. It is true that on the 10th day of November, 1929, one Thomas P. Dobson who had taken charge of said vessel `Mabel' on behalf of The Globe and Rutgers Insurance Company, who carried insurance on said vessel and who took possession of said vessel on said day made an agreement with cross-libelee W. F. Steele to run a line from the shore to said `Mabel' to keep her from drifting off the beach where she was stranded, and that libelant Ralph F. Baumgarten who was present and took part in said agreement run the line so agreed upon; it is true that after running said line and on or about the 12th day of November, 1929, libelants A. L. Workman and Ralph F. Baumgarten with other assistance and the assistance of cross-libellee W. F. Steele without any authority of any person trespassed upon and took possession of said vessel `Mabel' and thereafter destroyed her hull and hauled certain parts of said vessel's equipment to the shore, but it is not true that whatever they did haul to the shore or any thereof would have been a complete or any loss without their or any of their efforts.

"It is not true that any claimed service alleged in Paragraph V of the amended libel herein was a valuable service, or of the value of $2,000.00 or any sum whatever, or that either of said libelants are entitled to $2,000.00, or any sum whatever for any service whatever alleged in libelants' amended libel, and it is not true if it had not been for the alleged service of said libelants, the gas screw vessel boat `Mabel' and her engines, tackle, apparel and/or furniture or any thereof would have been a total loss or that any loss would have been sustained to any thereof.

"It is not true that at the...

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  • Russell v. Texas Company, 14983.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 21 Enero 1957
    ... ... No duty, in fact no authority, rests with us to review a trial court's decision based on its view of the evidence unless a plain error of fact appears or there is a misapplication of a rule of law, Panama Mail S.S. Co. v. Vargas, 9 Cir., 33 F.2d 894, and The Mabel, 9 Cir., 61 F.2d 537. Where the result is rational and reasonable, the acceptance or rejection of testimony by a trial judge is binding upon this Court, and what is thus done by the trial judge must not be disturbed by us, Metro-Goldwyn-Mayer Corporation v. Fear, 9 Cir., 104 F.2d 892, and Larsen v ... ...
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    • United States
    • U.S. Court of Appeals — Third Circuit
    • 24 Septiembre 1940
    ... ... Green, 282 U.S. 531, 535, 536, 51 S.Ct. 243, 75 L.Ed. 520. But, it is also settled that the findings of the trial court, when supported by competent evidence, are entitled to great weight. Lillig v. Union Sulphur Co., 9 Cir., 87 F.2d 277, 278; The Piankatank, 4 Cir., 87 F.2d 806, 808; The Mabel, 9 Cir., 61 F.2d 537, 540; Lewis v. Jones, 4 Cir., 27 F.2d 72, 74. Such findings should, therefore, not be set aside on appeal except upon a showing that they are clearly wrong. The Calvert, 4 Cir., 51 F.2d 494, 495; Chesapeake Lighterage & Towing Co., Inc. v. Baltimore Copper Smelting & Rolling ... ...
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