Hewlett v. Barge Bertie

418 F.2d 654 (4th Cir. 1969), cert. denied, 397 U.S. 1021 (1970)

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Nature of the Case

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Facts

The barge in question had been declared a constructive loss. In 1958, she foundered in the Chesapeake Bay and was raised and refloated, but her estimated repair and recovery cost exceeded both the purchase price of $40,000 and the insurance recovery of $45,000. Under these circumstances, the barge was released to Hewlett in satisfaction of his claim for recovery services. After spending $1,305.76 on temporary repairs, the barge was brought to Norfolk. The barge was used to carry pilings or logs. It was admitted that the barge had no market value as an instrument of navigation and could only be sold for scrap. As for the present incident, the starboard side of the barge was only dented, and it produced no harmful effect upon the barge’s seaworthiness or carrying capacity nor market value. D confessed to negligence at trial and relied on the absence of injury. The admiralty court gave P $1 in damages. P appealed.