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Remedies Keyed to Tabb, 8th
Hewlett v. Barge Bertie
Citation:
418 F.2d 654 (1969)Facts
Barge BA-1401 was purchased in 1958 for $40,000 and insured for $45,000 but sank one month later in Chesapeake Bay. After salvage operations estimated repair costs at $46,290, exceeding the insured value, the barge was declared a constructive total loss and released to Hewlett, the salvor, in satisfaction of his salvage claim. Hewlett spent $1,305.76 on temporary repairs making the hull watertight. The barge was thereafter used for carrying weather-proof cargo like pilings and logs, and once as a pontoon in salvage operations. On September 28, 1960, while moored at a pier in South Norfolk, Virginia, the BA-1401 was struck by another barge towed by the Tug Evelyn. The collision caused a dent in the starboard side but did not pierce the hull or affect the barge’s seaworthiness or carrying capacity. The barge had no market value except as scrap. Hewlett sought damages for repairs estimated between $2,895 and $3,000.
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