McGhee v. United States

L. HAND, Circuit Judge.

When this case was before us upon the first appeal, we were not satisfied that the libellant had proved that the ship’s plates had been strained on the first voyage; or that the ballast had been improperly stowed on the second, and that the stowage had also contributed to the eventual cracking of the plates on March 5, 1943; and we sent the case back for re-examination of these two issues. At that time the only testimony as to negligence except the libellant’s came from the respondent’s witnesses, Hathaway and Nesbit; and we found it too contradictory and in general too…