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THOMSON v. UNITED STATES

No. 7844.

266 F.2d 852 (1959)

Peter Nesbitt THOMSON, Appellant and Cross-Appellee, v. UNITED STATES of America, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 21, 1959.

Attorney(s) appearing for the Case

Landon Gerald Dowdey, Washington, D. C., for appellant and cross-appellee.

Thomas F. McGovern, Attorney, Department of Justice, Washington, D. C. (John M. Hollis, U. S. Atty., Norfolk, Va., and A. Andrew Giangreco, Asst. U. S. Atty., Alexandria, Va., on brief), for appellee and cross-appellant.

Before HAYNSWORTH, Circuit Judge, and HOFFMAN and BOREMAN, District Judges.

HAYNSWORTH, Circuit Judge.

The San Marcos, constructed and commissioned as an instrument of destruction, continues, long after her death, to exact her toll. But mariners must exercise care to avoid her, and the District Court's finding of fault on the part of the Moby Dick was supported by the evidence and his application of the rule of divided damages was appropriate.

The USS Texas, an armored vessel of 6300 tons, was one of the first United States battleships...

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