Kirincich v. Standard Dredging Co.

CLARK, Circuit Judge.

We think it fair to say that the resolvement of the case at bar depends upon the judicial stigmatism of the court deciding it. The learned district judge and ourselves are required to appraise facts in relation to, first, causation and, second, a standard of care. Our appraisal happens to differ with his and we find the same difference elsewhere in the “books”. It is an application of facts to a point of view. We should begin, therefore, with a statement of those facts.

Libelant’s intestate was a deck-hand employed on the dredge of the respondent. That dredge was, at the…