Legal Opinion

Mosher v. Parker Bros. & Co., Inc. The Elsie M. The Ohio

Court of Appeals for the Fifth Circuit

Decided January 19, 1959No. 12804_1PublishedCited by 9 opinions

1Opinion of the Court

WALLER, Circuit Judge.

The Tug Elsie M., pulling two barges loaded with oyster shells, and the Tug Ohio, pulling one empty barge, met in an “S” bend in Buffalo Bayou above the Houston Ship Channel Turning Basin. The Court below, in its findings of fact and conclusions of law, made the following statement:

“Such stream in that area had many bends and shoals and was difficult to navigate. While thus proceeding the Elsie M grounded, and her tow, the two loaded barges piled up on her, injuring her.
“(b) The Tug Ohio, with an empty shell barge in tow, was proceeding in an easterly direction along…

2Cases cited1 opinion

  1. Pavlis v. JacksonCourt of Appeals for the Fifth Circuit · 1942

3Cited by9 opinions

  1. Carl Sawyer, Inc. v. Poor the Monarch of NassauCourt of Appeals for the Fifth Circuit · 1950
  2. Socony-Vacuum Oil Co. Inc. v. SmithCourt of Appeals for the Fifth Circuit · 1950
  3. Fidelity-Phenix Fire Ins. Co. Of New York v. Flota Mercante Del Estado. The Rio GualeguayCourt of Appeals for the Fifth Circuit · 1953
  4. Koch-Ellis Marine Contractors, Inc., Individually and as of the Barge Ke-14 v. Phillips Petroleum CompanyCourt of Appeals for the Fifth Circuit · 1955
  5. Graff v. Parker Bros. & Co., Inc. The LaviniaCourt of Appeals for the Fifth Circuit · 1953

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