Indian Towing Co. v. United States, No. 14747.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
Citation211 F.2d 886
PartiesINDIAN TOWING CO., Inc. et al. v. UNITED STATES.
Decision Date22 April 1954
Docket NumberNo. 14747.

211 F.2d 886 (1954)

INDIAN TOWING CO., Inc. et al.
v.
UNITED STATES.

No. 14747.

United States Court of Appeals, Fifth Circuit.

April 22, 1954.


Richard B. Montgomery, Jr., New Orleans, La., for appellant.

M. Hepburn Many, Asst. U. S. Atty., New Orleans, La., Paul A. Sweeney, Chief Appellate Sec., Dept. of Justice, Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., George R. Blue, U. S. Atty., New Orleans, La., Leavenworth Colby, Atty., Dept. of Justice, for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

PER CURIAM.

Brought under the Federal Tort Claims Act, Sec. 1346(b) Title 28 U.S.C., the suit was for cargo damage from the wetting of the cargo of the Barge AS-16, while in tow of the tug "Navajo", as a result of the grounding of the tug on Chandeleur Island on or about October 1, 1951, "due solely to the failure of the light on the island."

The claim was that the failure of the light was due to the negligence of Chief Petty Officer Stone and other officers and members of the Coast Guard in charge of "aids to navigation" in failing to properly check the light to see whether it was operating properly between September 7th and October 1st, and that the grounding of the tug was due to the negligence of the Coast Guard in maintaining and servicing the light and in not notifying vessels that it was not functioning.

The United States filing a motion to dismiss, the motion was sustained on the authority of Dalehite v. U. S., 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427.

Appealing from the order, appellants are here insisting that the facts alleged as ground for recovery here do not bring the case within the facts of, or the reasons for, the decision in the Delehite case while appellee as vigorously insists that that decision and the decision in the Feres case1 are controlling here.

We are of the clear opinion that this is so, and that, under the principles, governing the liability of the United States under the invoked act, laid down in those cases, the judgment must be affirmed.

Affirmed.

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Notes:

1 Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152.

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10 practice notes
  • Ray v. United States, No. 15601.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 20, 1956
    ...Co. v. United States, 8 Cir., 210 F.2d 263; Strangi v. United States, 5 Cir., 211 F.2d 305; Indian Towing Co. v. United States, 5 Cir., 211 F.2d 886; Danner v. United States, D.C., 114 F.Supp. 477." By now it had gone the full circle: The Eighth Circuit in National Mfg. cited the excerpt fr......
  • Indian Towing Company v. United States, No. 8
    • United States
    • United States Supreme Court
    • November 21, 1955
    ...Act, 43 Stat. 1112, 46 U.S.C.A. § 781 et seq. This motion was granted and the Court of Appeals for the Fifth Circuit affirmed per curiam. 211 F.2d 886. Because the case presented an important aspect of the still undetermined extent of the Government's liability under the Federal Tort Claims......
  • Blessing v. United States, Civ. A. No. 76-180 and 76-189.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • April 19, 1978
    ...Court of Appeals for the Fifth Circuit affirmed the district court, which had dismissed the suit for damages against the United States. 211 F.2d 886 (5th Cir. 1954). In a 5-4 decision, the Supreme Court reversed, rejecting the government's argument that uniquely governmental activities were......
  • Builders Corporation of America v. United States, No. 15533.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 6, 1958
    ...Court sustained a motion to dismiss.13 The Court of Appeals of the Fifth Circuit affirmed. Indian Towing Co. v. United States, 5 Cir., 211 F.2d 886. The Supreme Court of the United States first affirmed by an equally divided court, 349 U.S. 902, 75 S.Ct. 575, 99 L.Ed. 1239, then restored th......
  • Request a trial to view additional results
10 cases
  • Ray v. United States, No. 15601.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 20, 1956
    ...Co. v. United States, 8 Cir., 210 F.2d 263; Strangi v. United States, 5 Cir., 211 F.2d 305; Indian Towing Co. v. United States, 5 Cir., 211 F.2d 886; Danner v. United States, D.C., 114 F.Supp. 477." By now it had gone the full circle: The Eighth Circuit in National Mfg. cited the excerpt fr......
  • Indian Towing Company v. United States, No. 8
    • United States
    • United States Supreme Court
    • November 21, 1955
    ...Act, 43 Stat. 1112, 46 U.S.C.A. § 781 et seq. This motion was granted and the Court of Appeals for the Fifth Circuit affirmed per curiam. 211 F.2d 886. Because the case presented an important aspect of the still undetermined extent of the Government's liability under the Federal Tort Claims......
  • Blessing v. United States, Civ. A. No. 76-180 and 76-189.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • April 19, 1978
    ...Court of Appeals for the Fifth Circuit affirmed the district court, which had dismissed the suit for damages against the United States. 211 F.2d 886 (5th Cir. 1954). In a 5-4 decision, the Supreme Court reversed, rejecting the government's argument that uniquely governmental activities were......
  • Builders Corporation of America v. United States, No. 15533.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 6, 1958
    ...Court sustained a motion to dismiss.13 The Court of Appeals of the Fifth Circuit affirmed. Indian Towing Co. v. United States, 5 Cir., 211 F.2d 886. The Supreme Court of the United States first affirmed by an equally divided court, 349 U.S. 902, 75 S.Ct. 575, 99 L.Ed. 1239, then restored th......
  • Request a trial to view additional results

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