Safe Harbor Enterprises, Inc. v. S. T. Hill

Fifth Circuit

Safe Harbor Enterprises, Inc. v. S. T. Hill

301 F.2d 139, 1962 U.S. App. LEXIS 5419

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 10, 1962

Docket19308_1

StatusPublished

This text of 301 F.2d 139 (Safe Harbor Enterprises, Inc. v. S. T. Hill) 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

Safe Harbor Enterprises, Inc. v. S. T. Hill, 301 F.2d 139, 1962 U.S. App. LEXIS 5419 (5th Cir. 1962).

Pincite

Opinion

301 F.2d 139

SAFE HARBOR ENTERPRISES, INC., and Charley Toppino & Sons,
Inc., Appellants,
v.
S. T. HILL, as Owner of the SHRIMP TRAWLER, HAZEL H, etc.,
and J. M. Morgan& Sons as Owner of the SHRIMP
TRAWLER MISS DORCHESTER, etc., Appellees.

No. 19308.

United States Court of Appeals Fifth Circuit.

April 10, 1962.

M. W. Benzing, Erik J. Blomqvist, Jr., Wicker, Smith, Blomqvist, Hinckley & Davant, Miami, Fla., for appellants.

Cromwell A. Anderson, G. Morton Good, Smathers & Thompson, Miami, Fla., for appellees.

Before TUTTLE, Chief Judge, JONES and GEWIN, Circuit Judges.

PER CURIAM.

The only basis for this appeal is that 'the appellees were contributorily negligent, and such negligence was the proximate cause of the collision herein, and for that reason the appellees should have been limited in their recovery to one-half damages.' The questions as to contributory negligence and as to proximate cause were fact questions. The findings of the trial court touching each of these matters was supported by the evidence, and this Court does not find such findings to be clearly erroneous.

The judgment is

Affirmed.

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

301 F.2d 139

SAFE HARBOR ENTERPRISES, INC., and Charley Toppino & Sons,
Inc., Appellants,
v.
S. T. HILL, as Owner of the SHRIMP TRAWLER, HAZEL H, etc.,
and J. M. Morgan& Sons as Owner of the SHRIMP
TRAWLER MISS DORCHESTER, etc., Appellees.

No. 19308.

United States Court of Appeals Fifth Circuit.

April 10, 1962.

M. W. Benzing, Erik J. Blomqvist, Jr., Wicker, Smith, Blomqvist, Hinckley & Davant, Miami, Fla., for appellants.

Cromwell A. Anderson, G. Morton Good, Smathers & Thompson, Miami, Fla., for appellees.

Before TUTTLE, Chief Judge, JONES and GEWIN, Circuit Judges.

PER CURIAM.

The only basis for this appeal is that 'the appellees were contributorily negligent, and such negligence was the proximate cause of the collision herein, and for that reason the appellees should have been limited in their recovery to one-half damages.' The questions as to contributory negligence and as to proximate cause were fact questions. The findings of the trial court touching each of these matters was supported by the evidence, and this Court does not find such findings to be clearly erroneous.

The judgment is

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

301 F.2d 139, 1962 U.S. App. LEXIS 5419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/safe-harbor-enterprises-inc-v-s-t-hill-ca5-1962.