Hewlett v. Barge Bertie
United States Court of Appeals for the Fourth Circuit
418 F.2d 654 (1969)
Barge BA 1401 (Barge) had been declared a constructive total loss by a prior owner because repair costs exceeded its market value after an earlier accident, and Latham Hewlett (plaintiff) salvaged it for use as a pontoon in salvage operations, its only remaining market value being $5,616 in scrap metal. The Barge later collided with Barge Bertie, owned by C. G. Willis Company (defendant), causing a dent that didn't prevent its use as a pontoon or for transporting telephone poles (a use both sides agreed the dent wouldn't hinder) and didn't affect its scrap value; repairing the dent would cost about $2,895. Because the Barge had previously been a constructive total loss and no real damages seemed shown, the district court, without making any finding on the Barge's actual value, awarded only nominal damages of $1, and Hewlett appealed.
Whether a barge's prior status as a constructive total loss precludes its owner from recovering the reasonable cost of repairing new collision damage, when the property retains measurable value to the owner despite lacking meaningful market value.