Gulf States Marine & Mining Company v. State Road Department of Florida

Fifth Circuit

Gulf States Marine & Mining Company v. State Road Department of Florida

269 F.2d 83, 1959 U.S. App. LEXIS 3422

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 12, 1959

Docket17692_1

StatusPublished

Cited by4 cases

This text of 269 F.2d 83 (Gulf States Marine & Mining Company v. State Road Department of Florida) 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.

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Gulf States Marine & Mining Company v. State Road Department of Florida, 269 F.2d 83, 1959 U.S. App. LEXIS 3422 (5th Cir. 1959).

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Opinion

HUTCHESON, Circuit Judge.

Submitted to the court without a jury on depositions and stipulations, the suit was for damages to plaintiff’s bridge.

Appealing from a judgment finding and adjudging it liable, defendant is here insisting that the district judge’s findings, that the defendant was, and the plaintiff was not, guilty of negligence, are clearly erroneous and the judgment must, therefore, be reversed.

We cannot agree that this is so. In his careful opinion, 1 the district judge canvassed the evidence on the tendered issues of defendant’s fault and plaintiff’s contributory negligence and, with ample support in the evidence, rejected both of defendant’s contentions and found liability.

The judgment is, therefore,

Affirmed.

1

. State Road Dept. of Florida v. Gulf States Marine & Mining Co., D.C., 168 F.Supp. 242.

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