MAGNO v. CORROS

No. 78-1175.

630 F.2d 224 (1980)

Michael D. MAGNO, Plaintiff, v. Helen Louise Bowling CORROS, Administratrix of the Estate of Richardo Abello Corros, Appellee, v. The UNITED STATES of America, Appellant, Exxon Corporation, Third-Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1980.


Attorney(s) appearing for the Case

Allen van Emmerik, U. S. Dept. of Justice, Washington, D. C. (William G. Kanter, U. S. Dept. of Justice, Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Thomas E. Lydon, U. S. Atty., Lincoln C. Jenkins, III, Asst. U. S. Atty., Columbia, S. C., on brief), for appellant.

Wheeler M. Tillman, Charleston Heights, S. C. (Tillman & Waggoner, Charleston Heights, S. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WIDENER and MURNAGHAN, Circuit Judges.


WIDENER, Circuit Judge:

Plaintiff's1 decedent, Richardo Corros, died of injuries received when the motorboat he was operating collided with a sheet steel dike built and maintained by the United States. Plaintiff sued the United States, alleging that the government's failure properly to light the dike was the cause of the accident. After trial, the district court, 439 F.Supp. 592 (D.S.C.) held the decedent...

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