ERNEST CONSTRUCTION COMPANY v. TUG COMMODORE

Civ. A. No. 4553-67.

294 F.Supp. 15 (1968)

ERNEST CONSTRUCTION COMPANY, a partnership composed of Walter C. Ernest, Jr., Willie Maye Ernest, Billie Ann Corrigan and Walter C. Ernest, III, Plaintiffs, v. The TUG COMMODORE, its engines, tackle and appurtenances and Mobile Towing Company, a corporation, Defendants.

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

December 10, 1968.


Attorney(s) appearing for the Case

Allan R. Cameron, Sullivan & Cameron, Mobile, Ala., for plaintiffs.

Emmett R. Cox, Gaillard, Wilkins & Hardy B. Smith, Mobile, Ala., for defendants.


DANIEL HOLCOMBE THOMAS, Chief Judge.

This suit is for damages caused by a collision of the tug, TIMBER, against certain pilings being constructed by the plaintiff, Ernest Construction Company. The plaintiff seeks to recover damages in the amount of $2,186.51, which reflects the total costs incurred by the plaintiff to replace and repair the damaged pilings.

The answer of the defendant admits the collision, denies negligence and asserts that the collision was...

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