SMOOT SAND & GRAVEL CORP. v. BALTIMORE STEAM PACKET CO.

No. 13911.

250 F.2d 422 (1957)

The SMOOT SAND AND GRAVEL CORPORATION, Appellant, v. BALTIMORE STEAM PACKET COMPANY, a corporation, trading as Old Bay Line, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 5, 1957.


Attorney(s) appearing for the Case

Mr. Harry L. Ryan, Jr., Washington, D. C., with whom Mr. Duane G. Derrick, Washington, D. C., was on the brief, for appellant.

Mr. Walter M. King, Jr., Washington, D. C., for appellee.

Before EDGERTON, Chief Judge, and PRETTYMAN and BURGER, Circuit Judges.


PER CURIAM.

A southbound steamer destined for Norfolk collided near Mt. Vernon with a northbound tugboat with two scows lashed alongside. The question presented is whether the trial court correctly dismissed the complaint at the close of the tugboat's case on the grounds first, that the negligence of the steamer had not been shown, and second, that it affirmatively appeared that the tugboat's negligence was the sole cause of the collision.

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