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ZUBIK v. UNITED STATES

June 22, 1945

ZUBIK
v.
UNITED STATES



The opinion of the court was delivered by: GIBSON

The court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:

Findings of Fact

 2. Before the barge was requisitioned the Appraisal Committee of the War Shipping Administration had placed a value of $ 7,000 upon it, and this sum was offered to, and refused by, the plaintiff, when it was taken over as aforesaid.

 3. Upon refusal of the plaintiff to accept $ 7,000 for the barge, the boat was requisitioned and three-fourths of said appraised value was delivered to plaintiff, the sum of $ 1,750 being reserved.

 4. The 'Mariner' was built in 1922 by the Midland Barge Company at a cost of $ 16,014. It had a length of 180 feet, a beam of 28 feet and a depth of 4 feet 8 inches. The hull was built of one-fourth inch steel plating. It had a house of thinner steel 160 feet long, 28 feet wide and 14 feet high. The roof was of wood and tarpaper. It had no means of propulsion and had no equipment on board when requisitioned.

 5. The 'Mariner' was used as a wharf boat at Wheeling in the Ohio River from 1922 to 1935. Having been acquired by the plaintiff in 1936, it was sold by him to the Pittsburgh Sand and Gravel Company for $ 10,000, and was used as a sand and gravel dredge boat.

 6. In December, 1942, it was purchased from the Pittsburgh Sand and Gravel Company for the sum of $ 7,000 for the purpose of re-sale. After purchase the plaintiff spent $ 700 for the purpose of cleaning, etc., and for maintaining a watchman upon the boat.

 7. The 'Mariner' was located during its existence in the Ohio and Allegheny Rivers. The waters of each of these rivers contain a considerable quantity of acid which tends to reduce the service life of steel barges.

 8. The 'Mariner' as located and used, had a remaining service life of about eighteen years at the time it was taken over by the United States.

 9. The fair market value of the 'Mariner' when requisitioned was $ 10,000.

 Conclusions of Law

 I. This court has jurisdiction in the instant action.

 II. Charles Zubik, the plaintiff, is entitled to a judgment in his favor for the sum of four thousand seven hundred fifty ($ 4,750) dollars, with an additional sum to compensate him for delay in payment from February 27, 1943, to a date preceding the date of payment by not more than ...


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