SHERWOOD REFINING COMPANY v. WHITEMAN

No. 2304.

127 F.Supp. 478 (1955)

SHERWOOD REFINING COMPANY, Inc., Libelant, v. George W. WHITEMAN and the Barge U. S. 141, her engines, boilers, tackle, etc., Respondent.

United States District Court, E. D. Louisiana, New Orleans Division.

January 7, 1955.


Attorney(s) appearing for the Case

Terriberry, Young, Rault & Carroll, Walter Carroll, Jr., New Orleans, La., for libelant.

Lemle & Kelleher, George B. Matthews, New Orleans, La., for respondent.


WRIGHT, District Judge.

On the early morning of April 4, 1952, during a storm, respondent's barge, U. S. 141, broke its mooring lines and collided with libelant's dock, located near Gretna, Louisiana. Respondent seeks to avoid liability for the damage on the ground of inevitable accident or Act of God.

Respondent was at the time in question engaged in the towing business and in connection therewith maintained two landings on the west bank of the Mississippi...

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