FLA. EAST COAST RY. CO. v. REVILO CORP.

Nos. 79-1950, 79-1951.

637 F.2d 1060 (1981)

FLORIDA EAST COAST RAILWAY COMPANY, a corporation, Plaintiff-Appellant, v. REVILO CORPORATION, a corporation et al., Defendants-Appellees. EXXON CORPORATION, a New Jersey corporation, Plaintiff-Appellee, v. FLORIDA EAST COAST RAILWAY COMPANY, Etc. et al., Defendants, Florida East Coast Railway Co., Etc., Defendant and Cross-Claimant-Appellant, Revilo Corporation, Etc., Defendant and Cross-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied March 30, 1981.


Attorney(s) appearing for the Case

James F. Moseley, Jacksonville, Fla., for plaintiff-appellant.

Smathers & Thompson, Richard G. Rumrell, Alan Benes Vlcek, Jacksonville, Fla., for defendants-appellees.

Wahl & Gabel, George D. Gabel, Jr., Jacksonville, Fla., for Exxon Corp.

Before GODBOLD, Chief Judge, and HATCHETT, Circuit Judges and MARKEY, Chief Judge.


HATCHETT, Circuit Judge:

This appeal presents this circuit's first opportunity to decide whether the Pennsylvania rule, The Steamship Pennsylvania v. Troop, 86 U.S. (19 Wall.) 125, 22 L.Ed. 148 (1874), applies to a vessel/bridge allision, and if so, how the rule is to be applied. We hold that it applies and affirm.

These consolidated admiralty actions arose out of an allision between barge NBC 922 (barge), owned and operated by Revilo Corporation (Revilo...

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