COLLINS v. TEXAS COMPANY

No. 17604.

267 F.2d 257 (1959)

Gibson COLLINS, Appellant, v. TEXAS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 10, 1959.


Attorney(s) appearing for the Case

Charles F. Seemann, Robert U. Blum, New Orleans, La., for appellant.

D. Douglas Howard, George E. Burgess, Jr., Monroe & Lemann, New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

Involved here is the question of liability for damage to submerged oyster beds in the marshlands of Lafourche Parish, Louisiana occasioned by dragline dredging operations of an oil company undertaking to exploit its mineral leases. The District Court at the end of the plaintiff's case, instructed a verdict on the dual alternative ground of insufficient evidence of negligence and proof of actual damage.

We cannot rest affirmance...

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