The Patria
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, holding the steamship liable for damages to libelant’s goods — giant beans in bags — transported from Marseilles to New York in February, 1902. The opinion of the District Judge is reported in 125 Fed. 425. The following excerpt sets forth his conclusions from the evidence; "■'T have…
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, holding the steamship liable for damages to libelant’s goods — giant beans in bags — transported from Marseilles to New York in February, 1902. The opinion of the District Judge is reported in 125 Fed. 425. The following excerpt sets forth his conclusions from the evidence; "■'T have examined the evidence carefully, and I am unable to reach any satisfactory conclusion as to what caused the damage. There…
1Opinion of the Court
LACOMBE, Circuit Judge (after stating the facts).
The sharpest conflict of evidence in the case — as to facts,- not as to theories — is touching the appearance of the bags when delivered from the steamer. The District Judge found that a large number of them were stained, damp, and dirty. He saw most, if not all, of the witnesses; and, upon an *972examination of the record, we are not prepared to find otherwise as to the condition of the bags, and are in substantial accord with the statements contained in the excerpt quoted above.
The appellant, however, contends that, even upon his own statement of…
2Cited by21 opinions
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- The Monte IciarCourt of Appeals for the Third Circuit · 1948
- Thomas Roberts & Co. v. Calmar SS CorporationDistrict Court, E.D. Pennsylvania · 1945
- Artemis Maritime Co., Inc. v. Southwestern Sugar & Molasses Co., Inc. The DemosthenesCourt of Appeals for the Fourth Circuit · 1951
- The St. QuentinCourt of Appeals for the Second Circuit · 1908
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