# The Fullerton

> Court of Appeals for the Ninth Circuit · December 7, 1908 · 167 F. 1

URL: https://www.frixlaw.com/law-library/cases/8769905

## Case

- **Full name:** THE FULLERTON
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 7, 1908
- **Citations:** 167 F. 1; 92 C.C.A. 463; 1908 U.S. App. LEXIS 4915
- **Precedential status:** Published
- **Opinion:** Concurrence by Gilbert
- **Judges:** Gilbert, Morrow, Ross
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8769905

## Opinion text

GILBERT, Circuit Judge
(concurring). I agree that the decree should be affirmed on the grounds alleged and the facts proven as to the first cause of action. But in view of all the circumstances disclosed in1 the evidence, and the law applicable thereto as defined in the decision of the Supreme Court in The Iroquois, 194 U. S. 240 , 24 Sup. Ct. 640, 48 L. Ed. 955 , I am of opinion that the master of the Eullerton was not negligent in proceeding on the voyage instead of turning back by sail to Port Harford.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8769905. Public record. Not legal advice.