The James McWilliams
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty for collision by William G. Beach against the steam tug James McWilliams; the James McWilliams Towing Line, claimant. Decree for libelant, and claimant appeals.
1Per curiam
This appeal raises two questions: (1) Whether the court below was justified in finding that a fair preponderance of evidence proved the collision complained of as occurring by fault of the tug; and (2) whether, in view of the procrastination characterizing the bringing and progress of the action, libelant was in any event entitled to any or a full recovery.
As to the first point we confirm the findings of the court below, upon the familiar ground that there was clearly evidence for libelant justifying some recovery, and that the court, which heard and saw the witnesses, is better able to weigh…
2Cases cited1 opinion
- McWilliams v. Philadelphia & R. Ry. Co.Court of Appeals for the Second Circuit · 1913
3Cited by6 opinions
- Speed v. Transamerica CorporationDistrict Court, D. Delaware · 1955
- Lefkowitz v. United StatesCourt of Appeals for the Second Circuit · 1921
- The SalutationCourt of Appeals for the Second Circuit · 1930
- The John J. TimminsDistrict Court, S.D. New York · 1926
- Tisch Family Foundation, Inc. v. Texas National Petroleum Co.District Court, D. Delaware · 1972
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