The Phonix
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’ decrees of the District Court, Southern District of New York, which held the Gladiator solely in fault for a collision between a car float which she had in tow and the steamship Phonix.
1Per curiam
The evidence in this case is very conflicting, and we do not find in it sufficient to disturb the findings of the district judge as to the position, signals, and navigation of the respective vessels. He saw and heard all the important witnesses, and was better able than we are to decide which were the more credible. Indeed, as the testimony stands in the printed record, we think the weight of evidence supports the narrative of the Phonix in its essential particulars. We find the testimony of the master of the tug Wadley especially persuasive, since he was following close behind the Gladiator,…
2Cited by2 opinions
- New York, New Haven & Hartford Railroad v. Baltimore & Ohio RailroadDistrict Court, E.D. New York · 1955
- The Peter RinelliCourt of Appeals for the Second Circuit · 1922