The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-06-29
RIGHTS OF FISHERMEN
DEFINED BY COURT
DECISION BY JUDGE DOLE IN THE
CASE OF THE SCHOONER CON-
CORD-AWARDS DAMAGES.

U. S. Judge Dole gave an interest
ing decision yesterday in a libel
brought by Tsunekichi Matsuno
against the schooner Concord. The OPP
inion says, in part:
The libel in this case complains
that on the 27th day of August, A. ID.
1905, at about 2 o'clock in the morn
ing, while the libellant was engaged
in fishing in his own boat. anchored
off the barber of Honolulu, he was run
into by the libellee, whereby libellants
boat was overturned and injured all
of his loose property in the boat lost
and he himself thrown into the water
where he remained some time until ne
was rescued, by which he was made
i'll so that he was unable to attend to
his business for about a month. which
collision occurred through the negli-
gence of the libellee; and claims for
the loss and injury to his property and
his own loss Of time and medical ex-
penses, the sum of S36S3O.
james Lyle and K. S. Sorenson in
tervened as owners of the schooner
Concord and answered the libel adj
hitting the collision and disclaiming
all negligence, and claiming that the
collision occurred through the neg
ligence Of the libellant in being with
out a riding light at the time of the
accident; that he made no effort to
avoid the collision which he saw was
imminent; that he was anchored in
the course of vessels approaching the
port of Honolulu from the windward
and that he was trespassing upon Am
erican waters in being at the place
and engaged in fishing; and Therefore
from all of these grounds is not en-
titled to damages
The court gave Judgment as follows
for the Japanese
Articles, implements and gear lost,
$S4.1O; illness and sickness, 500;
medical attendance, $3.50; permanent
depreciation Of boat, $50; repairs to
boat, $25; earnings lost, $50: total.
$333.6 60.
"A decree may be entered TOR S339.6O
with interest from November Z. 1905.
the date of filing the libel, estimated
at $43.93 and costs.
The following is a general statement
in the syllabus of the legal points in
volved
Negligence causing injury to a tres
passer: Negligence whereby injury is
done, is not excused because the per.
son injured is trespasser. Richmond
V. Brownson, 5 DEMO, 80, dissented
from.
Construction of fishery clause in the
Organic Act: The Organic Act r. H
declared certain Hawaiian sea fisher.
les, which had previously been free to
citizens and residents alike, to be free
to citizens of the U. S. Held, that with
out further enactment or authoritative
notice to the contrary, such fisheries
remained free to non-citizen residents
as well as to citizens.
'Fairway:" PARKWAY" and mid.
channel are used synonomously in 3,
Stat. l.. 1O1, and this use is in har.
mony with Century Dictionary.
FAILURE of anchored boat to show
statutory light: Failure of anchored
boat to show statutory light does not
impair her right to recover for a col.
llsion if such failure did not contribute
! thereto.
obstruction to INSTRUMENTATION.
ed boat: A boat anchored in an oper
roadstead near the entrance to the
harbor where few vessels pass in the
night, ana fishing with lines. is not ar
obstruction to navigation.
Collision with an anchored boat. A
fisherman in an anchored boat which
Is run down through the negligence o.
a moving vessel, is not precluded from
obtaining damages, because of hi.
failure to move his boat out of tb,
way of the approaching vessel, if h,
has not otherwise contributed to tn,
| collision.
Moving vessel collidlng with anchor
ed Vessel-Presumption of negligenc,
burden Of proof: A moving vesse
running down an anchored boat il
presumed to have been negligent anc
the burden of proof is upon her I,
acquit herself of liability.
}, j. Dunno was counsel for the Ii
beIIant and A. G. NJ. Robertson for tn,
! libellee