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JOHNSON v. MOBILE TOWING & WRECKING COMPANY

No. 21349.

339 F.2d 205 (1964)

O'Dell JOHNSON and J. W. Johnson, Appellants, v. MOBILE TOWING & WRECKING COMPANY, Inc., a corporation, Appellee.

United States Court of Appeals Fifth Circuit.

December 8, 1964.

Attorney(s) appearing for the Case

W. Borden Strickland, Mobile, Ala., J. Paul Fitzgerald, Milton, Fla., for appellants.

Alexander F. Lankford, III, Mobile, Ala., Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., of counsel, for appellee.

Before JONES and BELL, Circuit Judges, and HUNTER, District Judge.

PER CURIAM.

The appellants sought recovery by an admiralty libel against the appellee as owner of the Tug Captain Miller, seeking recovery for personal injuries sustained by the appellant, O'Dell Johnson, upon falling from the deck into the engine room of the appellee's tug. The district court found that the appellee had breached no duty owed to Mrs. Johnson and that her injuries were in no way proximately caused by the fault, carelessness, recklessness or negligence...

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