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Keywords

damagesnegligenceappealburden of proofsustainedrespondentadmiralty law
damagesappealburden of proofsustainedrespondentadmiralty law

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Hewlett v. Barge Bertie, 418 F.2d 654, 1969 A.M.C. 2238

Facts

On September 28, 1960, the barge BA-1401, which was moored alongside a pier in the Elizabeth River, was struck by another barge in tow of the tug Evelyn. The owner of the BA-1401, Latham B. Hewlett, filed a libel for reimbursement of injuries sustained by his barge. The respondents confessed negligence but argued that the barge was a constructive total loss and that no real damages had been shown. The District Court awarded only nominal damages, leading to an appeal.

Without dispute, the facts are that barge BA-1401, afloat and made fast alongside a pier in the Elizabeth River at South Norfolk, Virginia, on September 28, 1960 was struck by another barge then in tow of tug Evelyn. The offending towboat and tow were libeled by Latham B. Hewlett, owner of the BA-1401, for reimbursement of the injuries alleged to have been sustained by his barge.

Issue

Did the District Court err in awarding only nominal damages when the respondents failed to establish that the value of the barge was less than the cost of repairs?

Did the District Court err in awarding only nominal damages when the respondents failed to establish that the value of the barge was less than the cost of repairs?

Rule

In admiralty law, the measure of damages for a vessel's injury is typically the cost of necessary repairs, provided those repairs are economically feasible.

In admiralty law, the measure of damages for a vessel's injury is typically the cost of necessary repairs, provided those repairs are economically feasible.

Analysis

The Court of Appeals found that the respondents had the burden to prove that the value of the barge was less than the cost of repairs, which they failed to do. The court emphasized that the absence of market value does not preclude recovery, and the libelant was entitled to damages based on the reasonable cost of repairs, which was established to be between $2895.00 and $3000.00.

The Court of Appeals found that the respondents had the burden to prove that the value of the barge was less than the cost of repairs, which they failed to do. The court emphasized that the absence of market value does not preclude recovery, and the libelant was entitled to damages based on the reasonable cost of repairs, which was established to be between $2895.00 and $3000.00.

Conclusion

The Court of Appeals reversed the District Court's decision and remanded the case for entry of judgment in favor of the libelant for the full amount of the repair costs.

The Court of Appeals reversed the District Court's decision and remanded the case for entry of judgment in favor of the libelant for the full amount of the repair costs.

Who won?

Latham B. Hewlett prevailed in the case because the Court of Appeals determined that the respondents did not meet their burden of proof regarding the barge's value.

Latham B. Hewlett prevailed in the case because the Court of Appeals determined that the respondents did not meet their burden of proof regarding the barge's value.

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