CLIFF, JR., INC., PLAINTIFF-APPELLEE,
v.
M. V. CAPTAIN WILL ET AL., DEFENDANTS, PLAQUEMINE OIL SALES, CORPORATION, DEFENDANT-APPELLANT, CLIFFORD QUINN, SR., INTERVENOR-APPELLEE
CLIFF, JR., INC., PLAINTIFF-APPELLEE,
M. V. CAPTAIN WILL ET AL., DEFENDANTS, PLAQUEMINE OIL SALES, CORPORATION, DEFENDANT-APPELLANT, CLIFFORD QUINN, SR., INTERVENOR-APPELLEE
529 F.2d 1169
Court of Appeals for the Fifth Circuit (1976)
Positive Treatment
Cited by 3 cases
Other
(Opinion 1-23-76, 5 Cir., 1976, 526 F. 2d 345)
Before WISDOM and CLARK, Circuit Judges.*
PER CURIAM:
The defendant has petitioned for a rehearing on the ground that the Court did not apply the divided damages rule of United States v. Reliable Transfer Co., 1975, 421 U.S. 397, 95 S.Ct. 1708, 44 L.Ed.2d 251. The Reliable Transfer rule is inapplicable. That rule applies only “when two or more parties have contributed by their fault to cause property damage . . . .” 421 U.S. at 411, 95 S.Ct. at 1715, 44 L.Ed.2d at 262. The district court found that the plaintiff’s vessel, the Cliff, was placed in a perilous position by the defendant’s vessel, the Captain Will. This, the defendant conceded, was the sole fault of the Captain Will. In these circumstances, the district court found that the navigator of the plaintiff’s ship acted reasonably. We held that the district court’s findings were not clearly erroneous.
The petition for rehearing is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bd. OF Comm'rs OF the Port OF NEW Orleans v. M/V Farmsum, 574 F.2d 289 (5th Cir. 1978)
-
Cliff, JR., Inc. v. Will, 526 F.2d 345 (5th Cir. 1976)
Authorities Cited
- United States v. Reliable Transfer Co., Inc., 421 U.S. 397 (U.S. 1975)
- Cliff, JR., Inc. v. Will, 526 F.2d 345 (5th Cir. 1976)