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GEORGE W. WHITEMAN TOWING INC. v. HUMBLE OIL & REFINING COMPANY

No. 22674.

370 F.2d 558 (1966)

GEORGE W. WHITEMAN TOWING INC., and TUG H. C. WHITEMAN, Her engines, tackle, apparel, etc., Appellants, v. HUMBLE OIL & REFINING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 16, 1966.

Attorney(s) appearing for the Case

Amos L. Ponder, Jr., New Orleans, La., for appellants.

J. Barbee Winston, New Orleans, La., for appellee, Alexander C. Cocke, Jr., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel.

Before GEWIN and GOLDBERG, Circuit Judges, and SPEARS, District Judge.

PER CURIAM.

The appellant complains of the judgment of the trial court which found that the Master of the tug H. C. Whiteman was in charge of the tow and was responsible for the grounding of the Humble barge DB-1 and that the Humble tug AC-5 was free of fault. By pretrial stipulation the parties agreed that the barge was damaged by the negligent operation of one or both of the tug boats which were towing it down the Mississippi River. The amount of damages was also...

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