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Gulf States Mar. Min. v. St. Rd. Dept

United States Court of Appeals, Fifth Circuit
Aug 12, 1959
269 F.2d 83 (5th Cir. 1959)

Opinion

No. 17692.

August 12, 1959.

Thomas B. Wheeler, New Orleans, La., Wheeler Exnicios, New Orleans, La., Proctors, R.P. Warfield, Pensacola, Fla., Advocate, for appellant.

Richard B. Austin, Jacksonville, Fla., Clyde G. Trammell, Jr., Ross H. Stanton, Jr., Tallahassee, Fla., for appellee.

Before RIVES, Chief Judge, and HUTCHESON and TUTTLE, Circuit Judges.


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, 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.

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

The judgment is, therefore,

Affirmed.


Summaries of

Gulf States Mar. Min. v. St. Rd. Dept

United States Court of Appeals, Fifth Circuit
Aug 12, 1959
269 F.2d 83 (5th Cir. 1959)
Case details for

Gulf States Mar. Min. v. St. Rd. Dept

Case Details

Full title:GULF STATES MARINE MINING COMPANY, Appellant, v. STATE ROAD DEPARTMENT OF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 12, 1959

Citations

269 F.2d 83 (5th Cir. 1959)

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