MISSISSIPPI VALLEY BARGE LINE CO. v. ESSO SHIPPING CO.

No. 16202.

240 F.2d 606 (1957)

MISSISSIPPI VALLEY BARGE LINE COMPANY v. ESSO SHIPPING COMPANY, Claimant of THE S.S. QUEMADO LAKE. ESSO SHIPPING COMPANY, Claimant of the S.S. Quemado Lake v. MISSISSIPPI VALLEY BARGE LINE COMPANY.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 2, 1957.


Attorney(s) appearing for the Case

Selim B. Lemle, Lemle & Kelleher, New Orleans, La., for the M/V New Orleans and Mississippi Valley Barge Line Co., appellants and cross-appellees.

Alfred M. Farrell, Jr., New Orleans, La., Kirlin, Campbell & Keating, New York City, Terriberry, Young, Rault & Carroll, New Orleans, La., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.


HOLMES, Circuit Judge.

This is a suit in admiralty, growing out of a collision on the Mississippi River between ascending and descending vessels, a tanker and a flotilla of barges propelled by a tug. The collision occurred in a bend of the river, and the trial judge found that the descending vessel, in spite of the danger, came on down the river without slackening its speed and, at or before the moment of collision, put its engines into full speed ahead, when it should...

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