Somerset Seafood Co. v. United States

CHESNUT, District Judge.

This case presents another novel question under the Federal Tort Claims Act. 28 U.S.C.A. §§ 1346, 2671 et seq. On October 15, 1949, about 4 A.M., a power operated oyster boat belonging to the plaintiff, stranded on the submerged wreck of the old battleship Texas which, in 1911 had been.intentionally sunk as the result of target practice in the lower Chesapeake Bay in Virginia waters. The plaintiff contends that the buoy marking the wreck was negligently placed too far from the wreck itself; that the stranding of its boat was proximately caused thereby and also that the…