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172 F.2d 637

Docket No. 12480.

Bacon v. River Terminals Corp.

Fifth Circuit Court of Appeals

Decided Feb. 25, 1949.

Rehearing Denied April 4, 1949.

Fifth Circuit Court of Appeals · decided 1949-02-25

Cited by 3 later decisions — most recently May 1956

3 federal appellate ·

2 counsel of record

Relies on Colvin v. Kokusai Kisen Kabushiki Kaisha

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1949-02-25

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¶1T. G. Schirmeyer, of Houston, Tex., for appellant.

¶2Selim B. Lemle, of New Orleans, La., and Robert Eikel, Jr., James K. Nance, and Denman Moody, all of Houston, Tex., for appellees.

¶3Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

¶4PER CURIAM.

¶5The suit, a consolidation of three libels under Admiralty No. 793, was for recovery of damages resulting from a head-on collision between the Tug “Ahepa” pushing the Barge “Walter Yott” and the Tug “Hanson” pulling two empty steel tank barges.

¶6The Tug “Ahepa,” admitting that at the time of the collision it was navigating on its own port, instead of its starboard, side of the cannel, contrary to the ordinary narrow channel rule, claimed below and claims here that it was not in fault for doing so and that this was not the real cause of the collision. The real cause according to the claim, was the fault of the “Hanson” in failing to recognize and comply with passing signals blown by the “Ahepa,” which, because of a high wind, having elected the port side for reasons of safety, had signaled for a starboard to starboard passing.

¶7The “Hanson” and the other vessels denied this, and a great deal of evidence was taken orally.

¶8Unfortunately for the appellant, here, the district judge, who heard all the witnesses orally, determined these issues flatly against it in findings of fact1 and *638conclusions of law 2which find, ample support in- the record, and the judgment must .be affirmed.3

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