Dakota, Minnesota & E. Railway v. Ingram Barge Company

KELLY, Circuit Judge.

The M/V Aubrey B. Harwell Jr. (the Harwell ), a towboat operated by Ingram Barge Company, was pushing empty barges up the Mississippi River when the barges struck the Sabula Railroad Bridge, owned by Dakota, Minnesota & Eastern Railroad Corporation (DM&E). DM&E sued Ingram for damages. Following a bench trial, the district court entered judgment in favor of DM&E for the full amount sought. 1 Ingram appeals. Because we conclude that the district court committed an error of law, we vacate the judgment and remand for further proceedings.

I

The Secretary of War authorized the…