UNITED STATES v. SOUTH CAROLINA STATE HIGHWAY DEPT.

No. 5808.

171 F.2d 893 (1948)

UNITED STATES v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT et al.

United States Court of Appeals Fourth Circuit.

December 29, 1948.


Attorney(s) appearing for the Case

Harold A. Mouzon, of Charleston, S. C., and Leavenworth Colby, Sp. Asst. to Atty. Gen. (Ben Scott Whaley, U. S. Atty. and B. Allston Moore, both of Charleston, S.C., and Robert S. Erskine and John F. Gerity, both of New York City, on the brief), for appellant.

Huger Sinkler and Augustine T. Smythe, both of Charleston, S. C., John M. Aherne, of New York City, Augustine T. Smythe, Jr., of Charleston, S. C., and Fred B. Helms, of Charlotte, N. C. (John M. Daniel, Atty. Gen. of South Carolina, Helms & Mulliss, of Charlotte, N. C., and Bigham, Englar, Jones & Houston, of New York City, on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

This is an appeal by the United States from an adverse judgment in an action brought under the Federal Tort Claims Act, 28 U.S.C.A. § 921 et seq.,1 to recover the damages sustained when the government owned vessel, Nicaragua Victory, crashed into the Grace Memorial Bridge over Cooper River at Charleston, S. C. The action was brought by the South Carolina State Highway Department in behalf of itself, as owner of...

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