Corona Coal Co. v. United Fruit Steamship Corp.

Fifth Circuit

Corona Coal Co. v. United Fruit Steamship Corp.

24 F.2d 1015, 1928 U.S. App. LEXIS 2238

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 31, 1928

DocketNo. 5170

StatusPublished

This text of 24 F.2d 1015 (Corona Coal Co. v. United Fruit Steamship Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corona Coal Co. v. United Fruit Steamship Corp., 24 F.2d 1015, 1928 U.S. App. LEXIS 2238 (5th Cir. 1928).

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Opinion

PER CURIAM.

While the steamship Abangarez was lying in the Mississippi river in the port of New Orleans made fast to a dock, she was rim into by the steam tug Adler, while that tug was attempting to descend the river for the purpose of getting alongside another vessel which was docked at a point below the Abangarez. The Adler was libeled for the damage to the Abangarez caused by the collision. The claim asserted by the libel was resisted on the ground that the collision was the result of inevitable, accident. The decree was in favor of the libel-ant for the amount which the parties stipulated was the amount of damages sustained by the libelant as a result of the collision. We are of opinion that the evidence did not show that the collision was due to inevitable accident, and that the court did not err in rendering the decree appealed from. That decree is affirmed.

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PER CURIAM.

While the steamship Abangarez was lying in the Mississippi river in the port of New Orleans made fast to a dock, she was rim into by the steam tug Adler, while that tug was attempting to descend the river for the purpose of getting alongside another vessel which was docked at a point below the Abangarez. The Adler was libeled for the damage to the Abangarez caused by the collision. The claim asserted by the libel was resisted on the ground that the collision was the result of inevitable, accident. The decree was in favor of the libel-ant for the amount which the parties stipulated was the amount of damages sustained by the libelant as a result of the collision. We are of opinion that the evidence did not show that the collision was due to inevitable accident, and that the court did not err in rendering the decree appealed from. That decree is affirmed.

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24 F.2d 1015, 1928 U.S. App. LEXIS 2238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corona-coal-co-v-united-fruit-steamship-corp-ca5-1928.