HEWLETT v. BARGE BERTIE, IN REM EVELYN

No. 12671.

418 F.2d 654 (1969)

Latham B. HEWLETT, Appellant, v. BARGE BERTIE, in rem, TUG EVELYN, her engines, etc., in rem, and C. G. Willis Co., Inc., in personam, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 28, 1969.


Attorney(s) appearing for the Case

Morris H. Fine, Norfolk, Va., (Fine, Fine, Legum & Fine, Norfolk, Va., on brief), for appellant.

R. M. Hughes, III, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge:

Computation of pecuniary damages recoverable for a ship's injury in a maritime collision centers this cause. The minim of the injury here, however, obscures and tempts neglect of the importance of the issue.

Without dispute, the facts are that barge BA-1401, afloat and made fast alongside a pier in the Elizabeth River at South Norfolk, Virginia, on September 28, 1960 was struck by another barge then in tow of tug Evelyn. The...

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