Union Oil Co. of California v. The San Jacinto
Supreme Court of the United States
Union Oil Co. of California v. The San Jacinto et al.
Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 71-900. Argued: October 17, 1972 --- Decided: December 5, 1972
Implicit in that portion of Art. 16 of the Inland Rules of Navigation that directs a moderate speed for vessels proceeding in foggy weather, and in the concomitant half-distance rule, is the assumption that vessels can reasonably be expected to be traveling on intersecting courses. On the facts of this case, it was totally unrealistic to anticipate the possibility that the vessels were on intersecting courses and the rule was not applicable. Pp. 144-146.
451 F.2d 1369, reversed.
REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, MARSHALL, BLACKMUN, and POWELL, JJ., joined. STEWART, J., filed a dissenting opinion, in which DOUGLAS and BRENNAN, JJ., joined, post, p. 147.
Kenneth E. Roberts argued the cause and filed briefs for petitioner.
Erskine B. Wood argued the cause and filed briefs for respondents.