Walaas v. Johnson
| Decision Date | 14 April 1913 |
| Docket Number | 2,465. |
| Citation | 204 F. 440 |
| Parties | WALAAS v. JOHNSON et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Palmer Pillans, of Mobile, Ala. (H. Pillans and H. Hanaw, both of Mobile, Ala., on the brief), for appellant.
T. M Stevens, of Mobile, Ala. (A. T. Dean and Gessner T. McCorvey both of Mobile, Ala., on the brief), for appellees.
Before PARDEE and SHELBY, Circuit Judges, and SHEPPARD, District judge.
This is an appeal from the District Court of the Southern District of Alabama, awarding damages in the sum of $7,328.64, in favor of libelants against the steamship Agnella for a collision with the pilot boat Eben D. Jordan, at the outer station off Mobile bar.
Negligence in the maneuvers of both vessels in the attempt to deliver and take aboard a pilot was charged and countercharged by the libel and answer. The judge, after hearing the testimony himself, which was voluminous, and in which there was not a little conflict, held the steamship solely at fault and made a reference of the cause to a special commissioner to ascertain and report to the court the damages sustained by the pilot boat by reason of the collision.
The commissioner made his report, stating the sundry items of damage considered, and allowing libelants $7,298.64. The judge disallowed a credit of $130, which the commissioner had allowed as proceeds of the sale of the pilot boat, and deducted from the account $100, which the commissioner had allowed for renewed stem, and approved the finding in the sum of $7,328.64. There were exceptions and counter exceptions challenging the allowances and disallowances in the various items which made up the finding of the commissioner.
On the question of negligence, we are not disposed to disturb the decree; but the damages allowed, we think, are excessive. There is no direct evidence of the value of the Eben D Jordan when she was sunk; but it was shown that the Jordan was an old craft, built in 1883, had been from time to time to some extent repaired, but her hull had not been rebuilt. Her frame and deck beams were old, and found to be her original timbers. The rotten wood taken from the planking after the accident and produced here by exhibit is unmistakable evidence that the schooner was old and her planking and beams were in a state of decay. On no other plausible theory can the collapsed condition of her deck at the time she was raised be accounted for.
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