McDONALD v. THE 204

Nos. 2697, 2717, 2722, 2725.

194 F.Supp. 383 (1961)

Sam A. McDONALD, doing business as Sam McDonald Launch Service, as Owner of THE Tug CARRIE MACK, v. THE Barge 204 and Bay Towing & Dredging Company, Inc. Doris Pauline PADGETT, Administratrix of the Estate and Chattels and Credits of John William Padgett, Deceased, v. Sam A. McDONALD, d/b/a Sam McDonald Launch Service, and Bay Towing & Dredging Company, Inc. Petition of BAY TOWING AND DREDGING COMPANY, Inc., a corporation, for exoneration from, or limitation of liability as Owner of The Barge 204, Ex Damon Smith. In re Sam A. McDONALD, doing business as Sam McDonald Launch Service, as Owner of The Tug Carrier Mack, in a cause of exoneration from or limitation of liability.

United States District Court S. D. Alabama, S. D.

July 3, 1961.


Attorney(s) appearing for the Case

Pillans, Reams, Tappan, Wood & Roberts, Mobile, Ala., for Sam A. McDonald, d/b/a Sam McDonald Launch Service.

Hand, Arendall, Bedsole, Greaves & Johnston, McCorvey, Turner, Johnstone, Adams & May, Vickers, Riis & Murray, Mobile, Ala., for Bay Towing & Dredging Co.

Miller & Seeger, New York City, Moore, Simon & Layden, Mobile, Ala., for Doris Pauline Padgett, Adm'x, etc., and Cecil Davis, claimant.

Mize, Thompson & Mize, Gulfport, Miss., Johnston & Johnston, Mobile, Ala., for Thelma Kennedy Miller, Adm'x, etc., claimant.


DANIEL HOLCOMBE THOMAS, District Judge.

At approximately 2:30 p.m. on the afternoon of February 25, 1959, on the Mobile River in Mobile, Alabama, the unmanned Barge 204, owned by Bay Towing and Dredging Company, capsized on the Tug Carrie Mack, owned by Sam A. McDonald, d/b/a Sam McDonald Launch Service. As a result of the capsizing, the Carrie Mack sank to the bottom of the river and two members of her crew drowned.

Several lawsuits were filed as a result...

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