Legal Opinion

Midland Enterprises, Inc., a Corporation, and the Ohio River Company, a Corporation v. Notre Dame Fleeting & Towing Service, Inc., a Corporation

Court of Appeals for the Eighth Circuit

Decided August 16, 1976No. 75-1819PublishedCited by 12 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Midland Enterprises, Inc. and The Ohio River Company brought suit against the Notre Fleeting & Towing Service, Inc., for damages suffered when a barge sank. Midland had chartered the barge to Ohio which, in turn, bailed it to Notre Dame. The barge sank while moored and under the control of Notre Dame. The District Court, 1 held that Midland and Ohio had failed to sustain their burden of proof as to the cause of the sinking and the negligence of Notre Dame. We affirm.

Notre Dame inspected and found the barge to be in satisfactory condition when it accepted delivery on…

2Cases cited6 opinions

  1. Maggio v. ZeitzSupreme Court of the United States · 1948
  2. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  3. Punt Sisung and Gus Fitzgerald v. Tiger Pass Shipyard Co., Inc.Court of Appeals for the Fifth Circuit · 1962
  4. O. F. Shearer & Sons v. Cincinnati Marine Service, Inc.Court of Appeals for the Sixth Circuit · 1960
  5. Logan Charter Service, Inc. v. Cargill, Inc.Court of Appeals for the Eighth Circuit · 1967

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. John W. Mecom, Cross-Appellant v. Levingston Shipbuilding Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1980
  2. Isaac Cowens, Sallie Gonzales v. Siemens-Elema Ab and Elema Schonander, Inc.Court of Appeals for the Eighth Circuit · 1988
  3. United States v. Motor Vessel Gopher StateCourt of Appeals for the Eighth Circuit · 1980
  4. Riverway Company v. Trumbull River Services, Inc., Defendant-Third Party Appellee-Cross-Appellant v. Cairo Marine Service, Inc., Third PartyCourt of Appeals for the Third Circuit · 1982
  5. United Barge Co. v. Notre Dame Fleeting & Towing Service, Inc.Court of Appeals for the Eighth Circuit · 1978

7 more not listed; retrieve them via the Exa API.

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