National Marine Service, Inc. v. H. S. Talley

Fifth Circuit

National Marine Service, Inc. v. H. S. Talley

348 F.2d 589, 1965 A.M.C. 1714, 1965 U.S. App. LEXIS 4933

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 12, 1965

Docket21091

StatusPublished

Cited by13 cases

This text of 348 F.2d 589 (National Marine Service, Inc. v. H. S. Talley) 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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National Marine Service, Inc. v. H. S. Talley, 348 F.2d 589, 1965 A.M.C. 1714, 1965 U.S. App. LEXIS 4933 (5th Cir. 1965).

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Opinion

PER CURIAM:

The district court held that a collision between appellee’s tug and the tow of appellant’s tug in the Houston Ship Channel resulted from the major faults of both tugs. The only damage was to ap-pellee’s tug, which sank and became a constructive total loss in the stipulated amount of $16,287. Dividing the damage, the district court entered judgment for the appellee against the appellant in the amount of $8,143.50, with interest from the date of the accident. The ap-pellee has cross-assigned error. 1

Five of the witnesses testified orally before the court and three by deposition. We have carefully read and studied all of the testimony in connection with the exhibits, and we cannot set aside the findings of the district court as clearly erroneous. 2 The district court did not abuse its discretion in awarding interest from the date of the collision. 3

The judgment is

Affirmed.

1

. See Horton & Horton, Inc. v. The S/S Robert E. Hopkins, 5 Cir. 1959, 269 F.2d 914, 916-917; Canadian Pac. Ry. Co. v. United States, 9 Cir. 1959, 272 F.2d 913, 918; Annotation 1 L.Ed.2d 1834.

2

. McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20.

3

. Carl Sawyer, Inc. v. Poor, 5 Cir. 1950, 180 F.2d 962, 963; The Hannah A. Len-nen, D.C.Del.1948, 77 F.Supp. 471, 472.

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PER CURIAM:

The district court held that a collision between appellee’s tug and the tow of appellant’s tug in the Houston Ship Channel resulted from the major faults of both tugs. The only damage was to ap-pellee’s tug, which sank and became a constructive total loss in the stipulated amount of $16,287. Dividing the damage, the district court entered judgment for the appellee against the appellant in the amount of $8,143.50, with interest from the date of the accident. The ap-pellee has cross-assigned error. 1

Five of the witnesses testified orally before the court and three by deposition. We have carefully read and studied all of the testimony in connection with the exhibits, and we cannot set aside the findings of the district court as clearly erroneous. 2 The district court did not abuse its discretion in awarding interest from the date of the collision. 3

The judgment is

Affirmed.

1

. See Horton & Horton, Inc. v. The S/S Robert E. Hopkins, 5 Cir. 1959, 269 F.2d 914, 916-917; Canadian Pac. Ry. Co. v. United States, 9 Cir. 1959, 272 F.2d 913, 918; Annotation 1 L.Ed.2d 1834.

2

. McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20.

3

. Carl Sawyer, Inc. v. Poor, 5 Cir. 1950, 180 F.2d 962, 963; The Hannah A. Len-nen, D.C.Del.1948, 77 F.Supp. 471, 472.

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348 F.2d 589, 1965 A.M.C. 1714, 1965 U.S. App. LEXIS 4933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-marine-service-inc-v-h-s-talley-ca5-1965.

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