Clara M. Whorton v. T. A. Loving and Company

BOREMAN, Circuit Judge:

Clara M. Whorton prosecutes this appeal from a decree in admiralty sustaining the motion of appellee, T. A. Loving and Company (hereinafter Loving), to dismiss appellant’s libel. We think the dismissal was error.

In midafternoon of February 16, 1955, the weather clear and visibility good, Whorton’s shrimp boat, Boots, was proceeding southbound in the Intracoastal Waterway, near the “new” Onslow Beach Bridge, Camp LeJeune, North Carolina. The Boots was sixty feet long, fifteen feet wide and nine or ten feet in depth. As the Boots approached the bridge, she signaled for…