Tisbury Towing & Transportation Co. v. Tug VENUS

Packer Marine, Inc. 1 sues the defendants — the tug VENUS and its owner, Tucker-Roy Marine — for negligently grounding its barge, the ALGOL 500. The case received a bench trial, resulting in judgment for the defendants. The trial court found that Packer had not met its burden of proving when the grounding incident in question occurred and therefore could not show that the VENUS had ever grounded while towing the ALGOL 500. Packer appeals, arguing that the district court clearly erred in finding that Packer had not adequately established the date of the grounding, and that in any event, the…