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VICTORIAS MILLING CO. v. PANAMA CANAL COMPANY

No. 17393.

272 F.2d 716 (1959)

VICTORIAS MILLING CO., Inc., as Owners of THE M/V NONSUCO, Appellant, v. PANAMA CANAL COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 30, 1959.

Attorney(s) appearing for the Case

Woodrow de Castro, Balboa, Canal Zone, Michael E. Hanrahan, New York City, for appellant.

David J. Markun, Balboa Heights, Canal Zone, Paul A. Bentz, Gen. Counsel, Balboa Heights, Canal Zone, Theodore P. Daly, New York City, for appellee.

Before RIVES, JONES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Before stating his findings and conclusions of law in this case, the trial judge said to the proctors for the Panama Canal Company: "I know this is a question that will haunt you forever until you get this res ipsa out of your way." The question, important to the Panama Canal Company and to users of the Canal, is whether the doctrine of res ipsa loquitur applies based on the mere fact that a live1 vessel, under the...

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