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Admiralty Law Keyed to Maraist
Agrico Chemical Co. v. M/V Ben W. Martin
Citation:
664 F.2d 85 (1981)Facts
Agrico Chemical Company contracted with Brent Towing Company to transport liquid nitrogen fertilizer (UAN) from Oklahoma to Louisiana. When Agrico needed to transport an additional 3,000 tons, Brent arranged with Logicon to use their barge (Logicon 2702) and towing services. The Logicon barge had a non-standard internal structure with a centerline bulkhead that was not liquid-tight, allowing the heavy UAN to shift from side to side, threatening the barge’s stability. Despite warnings about the barge’s unsuitability for UAN and stability issues during loading, both parties proceeded with the transport. The barge showed signs of instability during the journey, and eventually capsized at Greenville, Mississippi, while the crew was attempting to make up the tow to continue downstream.
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