DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182143P.pdf 03/21/2019 Dakota, Minnesota & E. Railway v. Ingram Barge Company
U.S. Court of Appeals Case No: 18-2143
U.S. District Court for the Northern District of Iowa - Dubuque
[PUBLISHED] [Kelly, Author, with Benton and Melloy, Circuit Judges]
Civil case - Admiralty. In this suit for damages as a a result of
defendant's barges striking plainitff's rail bridge across the Mississippi
River, the district court erred in concluding that plaintiff could not be
assigned any share of fault in the accident because it had no legal duty
to remove or alter its lawfully permitted bridge; the owner of a lawful
bridge may be found comparatively negligent for an allision even absent an
affirmative duty to alter the bridge's configuration; remanded for further
proceedings.