Ducol, Inc. v. Mississippi River Bridge Authority, Owner of the Ferry Crescent

Fifth Circuit

Ducol, Inc. v. Mississippi River Bridge Authority, Owner of the Ferry Crescent

395 F.2d 223, 1968 U.S. App. LEXIS 6700

Court of Appeals for the Fifth Circuit·Decided May 31, 1968·No. 24622_1·Published

Opinion

PER CURIAM.

The judgment of the trial court is based principally on a resolution of issues of fact. The finding of gross fault on the part of appellant’s vessel is practically conceded. Under such circumstances, we agree with the trial court that the several technical or minor faults charged against the ferry Crescent, if proved, should not prevent “condemning the more culpable vessel completely”. Compañía De Maderas De Caibarien, S.A. v. Queenston Heights (C.A.5, 1955) 220 F.2d 120.

The judgment is affirmed.

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PER CURIAM.

The judgment of the trial court is based principally on a resolution of issues of fact. The finding of gross fault on the part of appellant’s vessel is practically conceded. Under such circumstances, we agree with the trial court that the several technical or minor faults charged against the ferry Crescent, if proved, should not prevent “condemning the more culpable vessel completely”. Compañía De Maderas De Caibarien, S.A. v. Queenston Heights (C.A.5, 1955) 220 F.2d 120.

The judgment is affirmed.

Ducol, Inc. v. Mississippi River Bridge Authority, Owner of the Ferry Crescent, 395 F.2d 223, 1968 U.S. App. LEXIS 6700 (5th Cir. 1968).

Pincite

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Opinion

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