MOSHER v. PARKER BROS. & CO.

No. 12804.

178 F.2d 419 (1950)

MOSHER v. PARKER BROS. & CO., Inc. The ELSIE M. The OHIO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 19, 1950.


Attorney(s) appearing for the Case

T. G. Schirmeyer, Houston, Texas, for appellant.

Robert Eikel, Houston, Texas, for appellee.

Before HUTCHESON, WALLER and RUSSELL, Circuit Judges.


WALLER, Circuit Judge.

The Tug Elsie M., pulling two barges loaded with oyster shells, and the Tug Ohio, pulling one empty barge, met in an "S" bend in Buffalo Bayou above the Houston Ship Channel Turning Basin. The Court below, in its findings of fact and conclusions of law, made the following statement:

"Such stream in that area had many bends and shoals and was difficult to navigate. While thus proceeding the Elsie M grounded, and her tow, the two loaded...

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