v2461-494

20

CONCLUSION.

Respondent submits that appellant has failed to

sustain his burden of proving that the Navy launch

failed to maintain a proper lookout, or that the helms-

man was negligently inattentive to his duties, evi-

dence which appellant clearly must prove to sustain

a decree in his favor. Furthermore, the preponderance

of the evidence is against a finding of negligence on

the part of respondent.

The rule of inevitable accident is clearly applicable

here, and this doctrine alone is sufficient to support

a decree for respondent.

We respectfully submit that the decree of the

trial Court, based upon a clear sufficiency of the evi-

dence, should be affirmed.

Dated, San Francisco,

July 21, 1947.

Respectfully submitted,

Frank J. Hennessy,

United States Attorney,

Proctor for United States of America.

John H. Black,

Edavard R. Kay,

1. Hampton Hoge,

Henry W. Schaldach,

Franklin C. Latch am,

Of Counsel for United States of America.

(Appendix Follows.)

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