Humphrey v. Ohio Barge Line, Inc.

KRUPANSKY, Circuit Judge.

This is a wrongful death action arising out of a maritime casualty — the sinking of the harborboat M/V Midwestern and the drowning death of her captain. Plaintiff/appellant Peggy Humphrey, wife of decedent, appeals the district court decision which concluded that defendant/appellee’s line towboat, the M/V Steel Clipper, was under no duty to sound a signal pursuant to 33 U.S.C. § 349 and thus was not liable for the death of plaintiff’s decedent.

On June 10, 1981, the M/V Midwestern, captained by decedent Virgil Humphrey, attempted to remove a number of empty barges from…