Standard Dredging Corporation v. Texaco, Inc.

Fifth Circuit

Standard Dredging Corporation v. Texaco, Inc.

395 F.2d 744, 1968 U.S. App. LEXIS 6596

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 10, 1968

Docket25115

StatusPublished

Cited by2 cases

This text of 395 F.2d 744 (Standard Dredging Corporation v. Texaco, Inc.) 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

Standard Dredging Corporation v. Texaco, Inc., 395 F.2d 744, 1968 U.S. App. LEXIS 6596 (5th Cir. 1968).

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Opinion

PER CURIAM:

The SS TEXACO MARYLAND owned by Texaco, Inc., collided in the Sabine Neches Waterway with a dredge pipeline, owned and being operated by the Libellant, Standard Dredging Corporation. The collision was occasioned by the failure of the vessel to negotiate a clear space left open as a passageway during dredging operations. The District Judge heard the proof and found that the collision was not the fault of either party but was unavoidably and accidentally caused by a combination of prevailing wind, tide, and river currents. It was accordingly decreed that libellant take nothing. Despite appellant’s sincere disagreement with these findings, so earnestly urged here, we are powerless to set them aside if they are not clearly erroneous, McAllister v. United States, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20 (1954), Rules 1 and 52, F.R.Civ.Procedure. Finding no real basis for such a reversal, the judgment is

Affirmed.

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PER CURIAM:

The SS TEXACO MARYLAND owned by Texaco, Inc., collided in the Sabine Neches Waterway with a dredge pipeline, owned and being operated by the Libellant, Standard Dredging Corporation. The collision was occasioned by the failure of the vessel to negotiate a clear space left open as a passageway during dredging operations. The District Judge heard the proof and found that the collision was not the fault of either party but was unavoidably and accidentally caused by a combination of prevailing wind, tide, and river currents. It was accordingly decreed that libellant take nothing. Despite appellant’s sincere disagreement with these findings, so earnestly urged here, we are powerless to set them aside if they are not clearly erroneous, McAllister v. United States, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20 (1954), Rules 1 and 52, F.R.Civ.Procedure. Finding no real basis for such a reversal, the judgment is

Affirmed.

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395 F.2d 744, 1968 U.S. App. LEXIS 6596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/standard-dredging-corporation-v-texaco-inc-ca5-1968.

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