Mid-Am. Transp. Co., Inc. v. Rose Barge Line, Inc., 477 F.2d 914 (8th Cir. 1973). · Go Syfert
Mid-Am. Transp. Co., Inc. v. Rose Barge Line, Inc., 477 F.2d 914 (8th Cir. 1973). Cases Citing This Book View Copy Cite
67 citation events (2 in the last 25 years) across 13 distinct courts.
Strongest positive: United States v. American Commercial Barge Line Co. (ca8, 1993-03-23)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. American Commercial Barge Line Co.
8th Cir. · 1993 · confidence medium
In admiralty cases, prejudgment “interest should be granted unless there are exceptional or peculiar circumstances.” Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir.1973).
discussed Cited as authority (rule) No. 92-1333
8th Cir. · 1993 · confidence medium
In admiralty cases, prejudgment "interest should be granted unless there are exceptional or peculiar circumstances." Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir.1973).
cited Cited as authority (rule) Valley Line Co. v. M/V City of Greenville
E.D. Mo. · 1985 · confidence medium
Mid-America Transportation Co., Inc. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir.1973); Conticarrier & Terminals, Inc. v. Borg-Warner Corp., 593 F.Supp. at 403 .
discussed Cited as authority (rule) City of Boston v. S.S. Texaco Texas, Her Engines, Boilers, Etc., Texaco Panama, Inc.
1st Cir. · 1985 · confidence medium
See, e.g., Stevens v. F/V Bonnie Doon, 655 F.2d 206, 209 (9th Cir.1981); Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir.1973); and Utility Service Corp. v. Hillman Transportation Co., 244 F.2d 121, 125 (3rd Cir.1957).
cited Cited as authority (rule) The Ohio River Company v. Peavey Company, in Personam and the M/v Gremco, Her Engines, Tackle, Etc., in Rem, the Ohio River Company v. Peavey Company, in Personam and the M/v Gremco, Her Engines, Tackle, Etc., in Rem
8th Cir. · 1984 · confidence medium
United States v. Motor Vessel Gopher State, supra, 614 F.2d at 1190 ; Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir.1973).
cited Cited as authority (rule) Ohio River Co. v. Peavey Co.
8th Cir. · 1984 · confidence medium
United States v. Motor Vessel Gopher State, supra, 614 F.2d at 1190 ; Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir.1973).
discussed Cited as authority (rule) Consolidated Grain and Barge Company, a Corporation, Appellant-Cross v. Archway Fleeting & Harbor Service, Inc., a Corporation, Appellee-Cross
8th Cir. · 1983 · confidence medium
See Federal Barge Lines, Inc. v. Republic Marine, Inc., 616 F.2d 372, 373 (8th Cir.1980); Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir.1973); General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672, 674 (8th Cir.1981).
cited Cited as authority (rule) Consolidated Grain & Barge Co. v. General Intermodal Logistics Corp.
E.D. Mo. · 1982 · confidence medium
Mid-America Transportation Co., Inc. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973).
cited Cited as authority (rule) CONSOL. GRAIN AND BARGE CO. v. Flowers Transp.
E.D. Mo. · 1982 · confidence medium
Mid-America Transportation Co., Inc. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973).
discussed Cited as authority (rule) Bankers Trust Co. v. Bethlehem Steel Corp. (2×) also: Cited "see"
3rd Cir. · 1981 · confidence medium
See, e. g., Alkmeon Naviera, 633 F.2d at 797-98 ; Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973).
discussed Cited as authority (rule) Cargill, Incorporated v. Taylor Towing Service, Inc., a Corporation (2×)
8th Cir. · 1981 · confidence medium
Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973); see also Lodges 743 & 1746, International Ass’n of Machinists v. United Aircraft Corp., 534 F.2d 422 (2d Cir. 1975), cert. denied, 429 U.S. 825 , 97 S.Ct. 79 , 50 L.Ed.2d 87 (1976) (hereinafter Lodges). *242 Prejudgment interest is to be awarded whenever damages lawfully due are withheld, unless there are exceptional circumstances to justify the refusal.
discussed Cited as authority (rule) Alkmeon Naviera, S.A. v. M/V MARINA L
unknown court · 1980 · confidence medium
See Socony Mobil Oil Co. v. Texas Coastal & Int’l, Inc., 559 F.2d 1008 , 1014 (5th Cir. 1977); Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973); American Zinc Co. v. Foster, 441 F.2d at 1101 .
discussed Cited as authority (rule) Alkmeon Naviera v. Marina
unknown court · 1980 · confidence medium
See Socony Mobil Oil Co. v. Texas Coastal & Int'l, Inc., 559 F.2d 1008 , 1014 (5th Cir. 1977); Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973); American Zinc Co. v. Foster, 441 F.2d at 1101 .
discussed Cited as authority (rule) Federal Barge Lines, Inc., a Corporation, and Consolidated Grain & Barge Co., a Corporation v. Republic Marine, Inc., a Corporation (2×)
8th Cir. · 1980 · confidence medium
It is the general rule of this circuit that in admiralty cases, prejudgment interest is permitted in the discretion of the trial court and “should be granted unless there are exceptional or peculiar circumstances.” United States v. M/V Gopher State, 614 F.2d 1186 , 1190 (8th Cir. 1980) (quoting Mid-America Transportation Co., Inc. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973)).
discussed Cited as authority (rule) United States v. Motor Vessel Gopher State
8th Cir. · 1980 · confidence medium
In admiralty suits, prejudgment interest is awarded in the discretion of the district court to insure compensation of the injured party in full and “should be granted unless there are exceptional or peculiar circumstances.” Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973).
discussed Cited as authority (rule) United States v. Motor Vessel Gopher State
8th Cir. · 1980 · confidence medium
Since this disparity was buttressed by the testimony of an expert admittedly used by the government to establish the cost of repairs in other instances of miter gate damage, we cannot say the trial court erred. 18 In admiralty suits, prejudgment interest is awarded in the discretion of the district court to insure compensation of the injured party in full and "should be granted unless there are exceptional or peculiar circumstances." Mid-America Transportation Co. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973).
cited Cited as authority (rule) Cargill, Inc. v. Taylor Towing Serv., Inc.
E.D. Mo. · 1979 · confidence medium
Mid-America Transportation Co., Inc. v. Rose Barge Line, Inc., 477 F.2d 914, 916 (8th Cir. 1973).
discussed Cited as authority (rule) Mid-American Transportation Company, Inc., a Corporation v. Cargo Carriers, Inc., a Corporation
8th Cir. · 1973 · confidence medium
And, “the prompt assertion of a good faith defense is not a relevant factor in determining the compensatory aspects of an award of damages, including an award of prejudgment interest.” Id., 477 F.2d at 916.
discussed Cited "see" Columbia Brick Works, Inc. v. Royal Insurance Company of America (2×)
9th Cir. · 1985 · signal: see · confidence high
See Mid-America Transportation Co., Inc. v. Rose Barge Lines, Inc., 477 F.2d 914 , 916 (8th Cir.1973); Consolidated Grain & Barge Co. v. Flowers Transportation, Inc., 538 F.Supp. 65, 74 (E.D.Mo.1982).
cited Cited "see" Federal Barge Lines, Inc. v. Granite City Steel
E.D. Mo. · 1985 · signal: see · confidence high
See, Mid-America Transportation v. Rose Barge Line, 477 F.2d 914 , 916 (8th Cir. 1973).
discussed Cited "see" Inland Oil & Transport Corp. v. Ashland Oil, Inc. (2×)
E.D. Ky. · 1982 · signal: see · confidence high
See Mid-America Transportation Company, Inc. v. Rose Barge Line, Inc., 477 F.2d 914 , 916 (8th Cir.1973).
cited Cited "see, e.g." Massman Construction Co. v. Sioux City & New Orleans Barge Lines, Inc.
W.D. Mo. · 1979 · signal: see also · confidence low
See also, Mid-America Transportation Co. v. Rose Barge Line, 477 F.2d 914 (8th Cir. 1973), affirming Judge Webster’s district court judgment reported in 347 F.Supp. 566 (E.D.
Retrieving the full opinion text from the archive…
Mid-America Transportation Company, Inc., Appellee-Cross
v.
Rose Barge Line, Inc., and the M/v Mark Eastin, Its Engines, Boilers, Tackle, Equipment, Etc., in Rem and M/g Transport Services, Inc., Appellants-Cross
72-1588.
Court of Appeals for the Eighth Circuit.
May 7, 1973.
477 F.2d 914
Published

477 F.2d 914

MID-AMERICA TRANSPORTATION COMPANY, INC., Appellee-Cross Appellant,
v.
ROSE BARGE LINE, INC., and The M/V MARK EASTIN, its engines,
boilers, tackle, equipment, etc., in rem and M/G
Transport Services, Inc.,
Appellants-Cross Appellees.

Nos. 72-1588, 72-1592.

United States Court of Appeals,
Eighth Circuit.

Submitted April 10, 1973.
Decided May 7, 1973.

John C. Shepherd, St. Louis, Mo., for Rose Barge & M/G Transport Services, Inc.

Wilder Lucas, St. Louis, Mo., for appellee.

Before GIBSON, BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

[*~914]1

While downbound on the Upper Mississippi River adjacent to the St. Louis, Missouri, harbor, the starboard lead barge of the M/V Mark Eastin's 15-barge tow struck a sandbar and as a result three barges sustained damages and part of the cargo was lost. The owner of the barges, Mid-America Transportation Company, Inc., brought suit in admiralty for recovery of damages against two defendants in personam, Rose Barge Line, Inc., the firm contracting with the barge owners, and M/G Transport Services, Inc., the owner of the towboat, and against one defendant in rem, M/V Mark Eastin, the towing vessel. The district court found in favor of plaintiff-Mid-America for the cost of repairs and damage to the cargo and other expenses in the sum of $125,075 (an amount stipulated to by the parties) and for loss of use for the three damaged barges in the total additional sum of $4,587.80. The court ordered entry of judgment for these amounts without prejudgment interest. The defendants appeal this judgment, urging that the district court erred in finding that the tow's starboard lead barge was out of the channel when it ran aground, thus creating a presumption of negligence which the defendant was unable to rebut. We affirm the finding of the district court. The plaintiff cross appeals, asserting that the district court erred in declining to award prejudgment interest on the $125,075 damage award. We reverse on this issue.

I.

2

The district court has related in detail the facts and circumstances of this case in its memorandum opinion. Mid-America Transportation Co. v. Rose Barge Lines, Inc., 347 F.Supp. 566 (E.D. Mo.1972). No worthwhile purpose would be served by repetition of these facts here. Giving due regard to the opportunity of the trial court to make credibility determinations, we have concluded that these findings of fact rest upon an adequate evidentiary basis. Since these findings are not clearly erroneous, they may not be set aside on this appeal. Rule 52, Fed.R.Civ.P.; McAllister v. United States, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20 (1954); Urian v. Milstead, 473 F.2d 948 (8th Cir., 1973); Humble Oil & Refining Co. v. American Oil Co., 405 F.2d 803, 814 (8th Cir.), cert. denied, 395 U.S. 905, 89 S.Ct. 1745, 23 L.Ed.2d 218 (1969).[1]II.

3

We turn to the cross appeal. The plaintiff, Mid-America, claims entitlement to prejudgment interest on the full amount of stipulated damages. Mid-America argues that recovery of interest represents an element of just compensation for the actual loss which it suffered. In denying the claim, the trial court stated:

4

The court has reviewed the docket entries in this case, and finds no evidence of dilatory activity by defendants. The defenses were not frivolous and in all the circumstances prejudgment interest does not appear warranted in this case. [347 F.Supp. at 573.]

5

Although in admiralty the award of prejudgment interest rests in the discretion of the trial court, interest should be granted unless there are exceptional or peculiar circumstances. American Zinc Co. v. Foster, 441 F.2d 1100 (5th Cir.), cert. denied, 404 U.S. 855, 92 S.Ct. 99, 30 L.Ed.2d 95 (1971); Sinclair Refining Co. v. SS Green Island, 426 F.2d 260 (5th Cir. 1970); The Wright, 109 F.2d 699 (2d Cir. 1940); The President Madison, 91 F.2d 835 (9th Cir. 1937). The exceptional or peculiar circumstances justifying denial of interest include delays in bringing or prosecuting the suit by the injured party. See American Zinc Co., supra, 441 F.2d 1100; The President Madison, supra, 91 F.2d 835. Here, the district court equated prejudgment interest with a penalty to be assessed against defendants for "dilatory action" or the assertion of "frivolous" defenses. But the prompt assertion of a good faith defense is not a relevant factor in determining the compensatory aspects of an award of damages, including an award of prejudgment interest.

6

Since the record shows no reason to deprive the injured party of an award of prejudgment interest, we remand this cause to the district court so that it may make such award. However, since the plaintiff is not entitled to be put into a better position than it would have occupied had there been no collision with the sandbar, prejudgment interest shall be computed only from the time the expenditures were actually made, i. e., the time of payment, and such computation shall apply to the payment made to Farmers Export Company, Inc., as consignor, for the loss of the cargo as well as to payments for repairs, salvage services, and survey fees as may be shown by the record.

[*~915]7

Affirmed except as to denial of prejudgment interest.

1

The pleadings and interrogatories furnished an adequate basis for the trial court to charge Rose Barge Line, Inc., with liability for the negligent towing services provided by its subcontractor or agent, M/G Transport Services, Inc. See Todd Shipyards Corp. v. Moran Towing & Transp. Co., 247 F.2d 626 (2d Cir. 1957)