Massman Construction Co. v. Wayne B. Smith, Inc.

WEBSTER, Circuit Judge.

Massman Construction Company appeals from a judgment of the District Court1 denying Massman’s claim for damages against Wayne B. Smith, Inc. In the admiralty action below, Massman alleged that Smith negligently allowed Massman’s barges to break away from Smith’s wharf during a severe flood on the Mississippi River.2 Smith denied that it was negligent and asserted that Massman’s own negligence contributed to the breakaway.

Smith operates a quarrying business in Louisiana, Missouri, and maintains a dock adjacent to the quarry in order to load rock and sand onto its…