281 F. 895 | D. Mass. | 1922
This is a libel against the United States as owner of the steamship Lake Lasang, under the Act of March 9, 1920 (41 Stat. 525). The suit arose out of a collision in the harbor of Newport News, caused by the Lake Lasang dragging her anchor and fouling the other vessel. The United States Attorney has filed a suggestion of want of jurisdiction upon the ground that at the time in question the Lake Lasang was not “employed as a merchant vessel.” The facts in relation to this question are covered by an agreed statement in writing.
The accident occurred on August 13, 1919. Until two days previous the steamship had been in. the service of the Navy Department, employed in other than merchant service. On August 11th, however, the Navy Department had formally turned her back to the Shipping Board; a certificate attesting this fact was duly signed by representatives of the Navy Department, the War Department, and the Shipping Board. The Navy crew were to remain on.board until relieved by a Shipping Board crew. When the accident occurred the Navy crew were still in charge of the steamer. The survey made in connection with turning the vessel back to the Shipping Board had shown that about $3,400 worth of work was needed to be done, and the steamer, under orders from the Shipping Board, was awaiting her turn at the yard for this purpose. After the work was completed she was put into service as a freighter on the Munson Line.
Case to stand for hearing on the merits.