The Complaint of Hercules Carriers, Inc. v. Florida

I. Recovery for Pecuniary Loss for Unintentional Interference with Contract

The judgment of the district court must be affirmed in light of Kingston, but respectfully, I think that the panel in Kingston erred in its holding and in its reliance on Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927). The issue in this case is whether a shipowner, whose vessel negligently obstructs passage of the channel from the port of Tampa to the Gulf of Mexico, is liable in damages for actual costs incurred by vessels which are required to remain in the port pending removal…