Layne International, Inc. v. United States

Layne International, Inc. (Layne), brought this action against the United States to recover direct and consequential damages resulting from the loss of Layne's cargo when a United States Navy barge, carrying such cargo, capsized while being towed by a Navy tug. The jurisdiction of the district court was invoked under a provision of the Suits in Admiralty Act, 46 U.S.C. § 742 (1964), and the Public Vessels Act, 46 U.S.C. § 781 (1964). Judgment was entered for the United States and Layne appeals.

Insofar as here relevant, Layne predicated the liability of the Government upon the alleged negligence of personnel of the tug. Layne alleged that such personnel, after assertedly observing a list and trim down by the bow of the barge, (1) failed to inspect the barge to determine the cause of the list and trim down, and (2) failed to take any action to correct such condition.

Following a non-jury trial, the court entered a forty-six-page combined decision, findings of fact and conclusions of law. The trial court found that Captain Bender, who was in charge of the tug, may have observed a perceptible change in list and trim of the barge during the sixteen-hour period immediately prior to…