Safe Harbor Enterprises, Inc. v. Hill, 19308.
| Decision Date | 10 April 1962 |
| Docket Number | No. 19308.,19308. |
| Citation | 301 F.2d 139 |
| Parties | SAFE HARBOR ENTERPRISES, INC., and Charley Toppino & Sons, Inc., Appellants, v. S. T. HILL, as Owner of the SHRIMP TRAWLER, HAZEL H, etc., and J. M. Morgan & Sons as Owner of the SHRIMP TRAWLER MISS DORCHESTER, etc., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
M. W. Benzing, Erik J. Blomqvist, Jr., Wicker, Smith, Blomqvist, Hinckley & Davant, Miami, Fla., for appellants.
Cromwell A. Anderson, G. Morton Good, Smathers & Thompson, Miami, Fla., for appellees.
Before TUTTLE, Chief Judge, JONES and GEWIN, Circuit Judges.
The only basis for this appeal is that "the appellees were contributorily negligent, and such negligence was the proximate cause of the collision herein, and for that reason the appellees should have been limited in their recovery to one-half damages." The questions as to contributory negligence and as to proximate cause were fact questions. The findings of the trial court touching each of these matters was supported by the evidence, and this Court does not find such findings to be clearly erroneous.
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Noritake Co., Inc. v. M/V Hellenic Champion
...III, supra, 615 F.2d at 208; S.C. Loveland, Inc. v. East West Towing, Inc., 608 F.2d 160, 166 (5th Cir.1979); Safe Harbor Enterprises, Inc. v. Hill, 301 F.2d 139 (5th Cir.1962). We hold that it was not clearly erroneous for the district court to find that Hellenic had proved that the damage......
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S. C. Loveland, Inc. v. East West Towing, Inc.
...of the collision and damages. Questions of contributory negligence and proximate cause are fact questions, Safe Harbor Enterprises, Inc. v. Hill, 301 F.2d 139, 139 (5th Cir. 1962), and findings of fact of the trial court in admiralty are binding on us unless clearly erroneous. Movible Offsh......