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LOUISVILLE & N. R. CO. v. M/V BAYOU LACOMBE

No. 77-1917.

597 F.2d 469 (1979)

LOUISVILLE AND NASHVILLE RAILROAD CO., a corporation, Plaintiff-Appellant, v. The Tug M/V BAYOU LACOMBE, her engines, boiler, hull, tackle, appurtenances, etc., In Rem, and Oil Transportation Company, Inc., a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 20, 1979.

Attorney(s) appearing for the Case

Patrick W. Richardson, Schuyler H. Richardson, III, Hunstsville, Ala., for plaintiff-appellant.

Charles E. Lugenbuhl, W. J. Larzelere, Jr., New Orleans, La., Gorman R. Jones, Jr., Sheffield, Ala., Thomas W. Thorne, Jr., New Orleans, La., for defendants-appellees.

Before WISDOM, CLARK, and FAY, Circuit Judges.

WISDOM, Circuit Judge:

This appeal raises the question whether a railroad company has a cause of action enforceable in admiralty for damages for the loss of use of a bridge negligently struck by a vessel.

On the morning of March 18, 1975, the tugboat M/V Bayou Lacombe struck a swingspan railroad bridge crossing the Tennessee River at Decatur, Alabama. The Louisville and Nashville Railroad Co., forced to reroute its trains until repairs to the bridge were completed...

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