SANTA ROSA ISLAND AUTHORITY v. F. RUST SMITH & SONS, INC.

No. 18871.

303 F.2d 576 (1962)

SANTA ROSA ISLAND AUTHORITY et al., Appellants, v. F. RUST SMITH & SONS, INC., Appellee.

United States Court of Appeals Fifth Circuit.

May 30, 1962.


Attorney(s) appearing for the Case

Robert P. Gaines, of Yonge, Beggs & Lane, Pensacola, Fla., for appellants.

Joe J. Harrell, Jones & Harrell, Pensacola, Fla., for appellee.

Before HUTCHESON, WISDOM and BELL, Circuit Judges.


GRIFFIN B. BELL, Circuit Judge.

A barge loaded with a derrick owned by appellee was being towed through the intracoastal waterway at night, and while passing through the draw span of the Pensacola Beach Bridge across Santa Rosa Sound the boom of the derrick struck the south bascule leaf of the bridge twenty one inches from the outer extremity of the leaf while it was in an open position. A libel in personam was filed against appellant alleging damage to the derrick...

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