National Marine Service, Incorporated, (formerly Lake Tankers Corporation), Appellant, v. Barrios Bros., Inc., Appellee, 286 F.2d 573 (5th Cir. 1961)

Annotate this Case
US Court of Appeals for the Fifth Circuit - 286 F.2d 573 (5th Cir. 1961) February 9, 1961

Alfred M. Farrell, Jr., New Orleans, La., Terriberry, Rault, Carroll, Martinez & Yancey, New Orleans, La., of counsel, for appellant.

Cornelius G. Van Dalen, New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., of counsel, for appellee.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and MIZE, District Judge.


The lugger, Young Thelma, owned and operated by the appellee, sank in the Southwest Pass of the Mississippi River as a result of a collision with a tug and barge of the appellant. The district court determined that the collision was caused by the fault of the tug and barge and allowed full recovery to the appellee for the loss of the lugger. Barrios Bros., Inc. v. Lake Tankers Corporation, D.C., 188 F. Supp. 300. The district court made justifiable findings on conflicting evidence. No question except as to the sufficiency of the evidence is submitted. The judgment of the district court is