Sherwood Refining Co. v. Whiteman

WRIGHT, District Judge.

On the early morning of April 4, 1952, during a storm, respondent’s barge, U. S. 141, broke its mooring lines and collided with libelant’s dock, located near Gretna, Louisiana. Respondent seeks to avoid liability for the damage on the ground of inevitable accident or Act of God.

Respondent was at the time in question engaged in the towing business and in connection therewith maintained two landings on the west bank of the Mississippi River known as the Whiteman Upper and Lower Landings, the upper landing being several hundred feet upstream from the lower. The barge U. S.…