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[Download] "Kohl v. United States and Corps of Engineers of United States Army" by United States Court of Appeals for the Seventh Circuit * Book PDF Kindle ePub Free

Kohl v. United States and Corps of Engineers of United States Army

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eBook details

  • Title: Kohl v. United States and Corps of Engineers of United States Army
  • Author : United States Court of Appeals for the Seventh Circuit
  • Release Date : January 12, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

PELL, Circuit Judge. This lawsuit stems from the unfortunate drowning of three fishermen near Lock and Dam 13 (LD13) on the Mississippi River. Plaintiffs filed under the Suits in Admiralty Act, 46 U.S.C. § 741-52, claiming that the accident was the result of inadequate warnings posted in and around LD13 and misconduct by dam employees, who allegedly opened the dam gates in an attempt to wash decedents downstream. The trial court, sitting without a jury, found that the warnings posted on LD13 were adequate under the circumstances and held that there was insufficient evidence to support the allegation of employee misconduct. The court determined that decedents' own negligence in fishing near the dam was the sole cause of the accident. Plaintiffs now claim that the court's findings of fact are clearly erroneous.


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