582 F.2d 13 - Security Barge Line, Inc. v. McCray — 582 F.2d 13

How this case has been cited

Cited by 3 later decisions — most recently December 2005

2 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Summary Calendar.*

¶2 *14Philip Mansour, Stephen L. Thomas, Greenville, Miss., Hubert I. Binowitz, St. Louis, Mo., for plaintiff-appellant.

¶3Howard Dyer, III, Prank S. Thackston, Jr., Greenville, Miss., for defendant-appellee.

¶4Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.

¶6PER CURIAM.

¶7In this admiralty case, Security Barge Line, Inc. sued the estate of its seaman employee, James Manly McCray, for damages to its vessel, the M/V Washington, caused by an engine room fire. The barge line alleged that McCray, who was killed in the blaze, negligently caused the fire. McCray’s widow, as administratrix of his estate, counterclaimed against the barge line, claiming that the barge line’s negligence and the unseaworthiness of its vessel caused decedent’s death.

¶8The district court found that the barge line failed to prove that McCray was negligent or that his acts had caused the fire. It concluded that although the cause of the fire was unknown decedent’s death resulted from the vessel’s unseaworthiness. Damages of $250,000.00 were awarded to McCray’s survivors.

¶9On appeal, the barge line attacks the lower court’s findings specifically contending, (1) that the district court erred in its holding that the M/V Washington was unseaworthy; (2) that the district court erred in ignoring uncontradicted evidence of negligence on the part of the decedent McCray, and (3) that the district court erred in its assessment of damages.

¶10In his memorandum opinion of July 8, 1977 Chief Judge Keady painstakingly considered each of these contentions. Based upon the findings of facts and conclusions of law as embodied in his opinion, we affirm the district court’s judgment.

¶11■ AFFIRMED.