District Court, D. Maine August 10, 1978, Civ. 74-46-ND, 76-77-ND (Bangor & Aroostook Railroad v. the Ship Fernview)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND DIRECTION FOR • ENTRY OF JUDGMENT

GIGNOUX, District Judge.

These two consolidated actions arise out of a collision which occurred at 0735 on the morning of August 21, 1974, when the dry cargo vessel FERNVIEW while attempting to dock at the Bangor & Aroostook Railroad Company (“BAR”) pier at Searsport, Maine collided with the south end of the pier causing