The Chiswick
| Decision Date | 11 March 1916 |
| Docket Number | 2873. |
| Citation | 231 F. 452 |
| Parties | THE CHISWICK. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Amendment of Decree, May 3, 1916.
Charles R. Hickox and Kirlin, Woolsey & Hickox, all of New York City, and John C. Avery, of Pensacola, Fla., for appellants.
W. A. Blount, Jr., of Pensacola, Fla., for appellee.
Before PARDEE and WALKER, Circuit Judges, and GRUBB, District Judge.
A majority of the judges are of opinion that the proximate cause of the injury resulting in the death of James C. Clarke was the defective topping lift, for which the ship was responsible, and that James C. Clarke was not chargeable with contributory negligence in the matter of his injury.
All the judges agree that the cause of action arising on the steamship Chiswick was a maritime tort, and as it resulted in the death of said Clarke within 20 to 30 minutes after his removal from the ship, the right to recover damages for such tort given by section 3145, Gen. St. Fla. 1906, could be enforced, and relief given in admiralty.
As the lower judge rendered no written opinion, we are not informed as to the basis upon which he calculated and assessed the damages allowed in the decree rendered. We infer that he followed the rule of damages as given in article 3146, Gen. St. Fla. 1906. From our examination and consideration of the evidence, we are not prepared to say that the damages awarded respondent were excessive.
No one of the assignments of error being well taken, the decree appealed from is affirmed.
Amendment of Decree.
On further consideration of this case, the decree heretofore rendered is amended so as to provide that the costs, including costs of transcript, shall be divided equally between the appellants and appellees.
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