Alton & Southern Railway Co. v. Alton Transportation Co.

399 N.E.2d 173, 79 Ill. App. 3d 591, 35 Ill. Dec. 339, 1979 Ill. App. LEXIS 3748
CourtAppellate Court of Illinois
DecidedDecember 7, 1979
Docket79-242
StatusPublished
Cited by4 cases

This text of 399 N.E.2d 173 (Alton & Southern Railway Co. v. Alton Transportation Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alton & Southern Railway Co. v. Alton Transportation Co., 399 N.E.2d 173, 79 Ill. App. 3d 591, 35 Ill. Dec. 339, 1979 Ill. App. LEXIS 3748 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE HARRISON

delivered the opinion of the court:

Plaintiff, Alton & Southern Railway Company, appeals from a judgment in its favor in the amount of *31,993 entered March 26,1979, by the circuit court of St. Clair County after a bench trial. At issue is the proper measure of damages sustained at Alton & Southern’s dock facilities known as the Fox Terminal. The plaintiff seeks a determination that the court below awarded inadequate compensation in the light of evidence presented at trial. Defendants cross-appeal, charging error insofar as the trial court held them in any way responsible for the damages incurred. Barring such a finding, they contend that the award was excessive because it was not calculated so as to include the factor of depreciation. We affirm the judgment of the circuit court but modify the award of damages.

The Alton & Southern Railway Company began this litigation on April 5, 1974. The complaint alleged that due to the defendants’ negligence barges under their control (known as the Monsanto Fleet) had broken loose and floated downstream. These were said to have collided with the Alton & Southern facility located at Mississippi River Mile 176.4 at Cahokia in St. Clair County. It was admitted by the defendant, Notre Dame Fleeting & Towing Service, Inc., that 32 barges did break away in the early morning hours of January 12,1973, and that significant numbers had broken away on the day previous. River conditions during this period were hazardous due to heavy concentrations of floating ice coming from the Missouri River and from ice flushing operations upstream at the Alton, Illinois Lock and Dam No. 26. The defendants were well aware of the approaching ice and the danger of breakaways under the circumstances.

The Fox Terminal is composed of two docks and it is the older of the two which was damaged. Regular inspections of the Fox Terminal were made, so the collision must have occurred between 4:30 p.m., January 11, and 7 a.m., January 12. Impact markings indicated that floating objects above the ice level caused the damage. The defendants’ barges were recovered both at Mile 175 and near the Fox Terminal. There were no witnesses to the actual impact.

As a result of the collision, two ice deflectors (which serve to protect the dock from floating debris and ice), two pile clusters (which are piles driven into the river bottom used to protect the dock and secure vessels), and three “bents” (pilings to which cross-bracings are attached to support the deck) were destroyed. Detailed evidence offered by the plaintiff tended 4o establish that the total cost of repairing the damage would be $78,050. This figure was obtained by an independent marine surveyor, Cairo Marine Service, Inc., which had in turn obtained the estimate from an independent construction contractor, Vollmer Bros. Construction Company of St. Louis, Missouri. The defendants’ surveyor testifying at trial offered no final cost figures in estimation of repairs, but it is indicated by the record that they were in considerable agreement as to the extent of the injuries to the dock.

Appellant asserts that failure to procure a decision on appellees’ post-trial motion before filing their notice of cross-appeal constituted an abandonment of the issues raised in both the motion and on appeal. We are not persuaded that such is the case, but since the issue is not dispositive of the case, we shall proceed to the merits,

We note that the present facts involve admiralty subject matter. Under the Judiciary Act of 1789, the first Congress of the United States granted to the Federal courts original and exclusive jurisdiction over all civil cases involving maritime litigation. However, an important exception to exclusive Federal jurisdiction and one which establishes concurrent jurisdiction over such matters in both State and Federal courts is found in what has become known as the “saving clause.” That clause, found today in 28 U.S.C. §1333(1) (1976), allows to suitors “in all cases all other remedies to which they are otherwise entitled.” (Cf. Panama R.R. Co. v. Vasquez (1926), 271 U.S. 557, 70 L. Ed. 1085, 46 S. Ct. 596.) However, it is a well-established proposition that where a State court hears an admiralty cause under the “saving clause,” the substantive law which it must employ is that law which the Federal courts would apply were they to entertain the case. (Garrett v. Moore-McCormack Co. (1942), 317 U.S. 239, 87 L. Ed. 239, 63 S. Ct. 246; Carlisle Packing Co. v. Sandanger (1922), 259 U.S. 255, 66 L. Ed. 927, 42 S. Ct. 475.) Further, it is part of that substantive law that property damage caused by a vessel on navigable waters comes under the aegis of admiralty jurisdiction even though the damage is done or consummated on land. 46 U.S.C. §740 (1948); see also Gutierrez v. Waterman Steamship Corp. (1963), 373 U.S. 206, 10 L. Ed. 2d 297, 83 S. Ct. 1185.

First, we wish to dispose of cross-appellants’ contention that their liability for damages to the Fox Terminal was not proved on the evidence at trial. It is fundamental that the findings of a district court, in an admiralty case heard without benefit of a jury, will not be set aside unless those findings are clearly erroneous. (First National Bank v. Material Service Corp. (7th Cir. 1979), 597 F.2d 1110; United Barge Co. v. Notre Dame Fleeting & Towing Service, Inc. (8th Cir. 1978), 568 F.2d 599; Feeder Line Towing Service, Inc. v. Toledo, Peoria & Western R.R. Co. (7th Cir. 1976), 539 F.2d 1107.) And even where a court of appeals might have held contrary to a district court on the issue of proximate cause, were it to have heard the case acting as trier of fact, such court would nonetheless uphold the district court unless it was left with a definite and firm conviction that there had been error in the findings on that issue. (United States v. Soriano (9th Cir. 1966), 366 F.2d 699.) The court of appeals may not substitute its judgment for that of a district judge sitting without a jury unless the record presents no substantial evidence to sustain the findings sought to be overturned. (Parham v. Pelegrin (8th Cir. 1972), 468 F.2d 719.) And in further regard to the sufficiency of the evidence, it is not necessary that direct evidence be presented where circumstantial evidence is sufficient to support a determination. (Michalic v. Cleveland Tankers, Inc. (1960), 364 U.S. 325, 5 L. Ed. 2d 20, 81 S. Ct. 6.) We can find no reason presented by the record before us to alter the decision of the circuit court as to liability, and so affirm.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MacK v. Royal Caribbean Cruises, Ltd.
838 N.E.2d 80 (Appellate Court of Illinois, 2005)
Dungey v. United States Steel Corp.
499 N.E.2d 545 (Appellate Court of Illinois, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
399 N.E.2d 173, 79 Ill. App. 3d 591, 35 Ill. Dec. 339, 1979 Ill. App. LEXIS 3748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alton-southern-railway-co-v-alton-transportation-co-illappct-1979.