VICTORY TOWING COMPANY v. Bordelon
| Decision Date | 28 March 1955 |
| Docket Number | No. 15041.,15041. |
| Citation | 219 F.2d 540 |
| Parties | VICTORY TOWING COMPANY, Inc., Appellant, v. Allen J. BORDELON, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
George B. Matthews and Lemle & Kelleher, New Orleans, La., for appellant.
Walter E. Doane, New Orleans, La., for appellee.
Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.
This action was brought by a seaman against his employer to recover damages for injuries sustained because of alleged unseaworthiness of the vessel on which he was employed or because of alleged negligence of his employer. The district court simply entered judgment for the libellant in the sum of $2500.00. No findings of fact or conclusions of law were entered, as required by Admiralty Rule 46½.1 Thereupon, the respondent, without (so far as the record shows) calling such failure to the attention of the district court, or moving the court to make findings of fact and conclusions of law, appealed to this Court. Here it insists that the record does not reveal any negligence on its part or any unseaworthiness of its tug.
We have no means of knowing the basis of the judgment, whether the district court found unseaworthiness or negligence or both, or in what either or both consisted. What was said by the Supreme Court in Kelley v. Everglades District, 319 U.S. 415, 421, 422, 63 S.Ct. 1141, 1145, 87 L.Ed. 1485, is appropriate here:
To like effect, see Panama Mail S.S. Co. v. Vargas, 281 U.S. 670, 50 S.Ct. 448, 74 L.Ed. 1105.
The judgment is accordingly vacated and the cause remanded for further action of the district court, including the making of appropriate findings and the entry of judgment based thereon, following which an appeal may again be taken to this Court, the present record supplemented by the findings and judgment or other action of the district court, and the appeal may be...
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