The Newport News
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Eastern District of Virginia, at Alexandria. In Admiralty. Suit for collision, heard and determined in the district.court by Waddill, District Judge. Libelant appeals from a decree dismissing its libel rendered by the district court for the Eastern district of Virginia. The questions are chiefly of fact-, and the ease comes before this court on the same pleadings and proofs as were before the district court.
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Appeal from the District Court of the United States for the Eastern District of Virginia, at Alexandria. In Admiralty. Suit for collision, heard and determined in the district.court by Waddill, District Judge. Libelant appeals from a decree dismissing its libel rendered by the district court for the Eastern district of Virginia. The questions are chiefly of fact-, and the ease comes before this court on the same pleadings and proofs as were before the district court. The collision which was the subject of the libel occurred in a fog on the Potomac river on the morning of September 6, 1897,…
1Opinion of the CourtBurnell, District Judge
(after stating the facts). The appeal, then, is on findings of fact, and is one of those cases in which it is uniformly held, “Where the issues of fact are decided against an appellant and the cause is reviewed upon the same pleadings and proofs, this court will not reverse unless on clear error.” All the witnesses, with one exception, were examined in the presence of the district judge. The exception was the quartermaster of the steamship Newport News, whose deposition before tin; local inspectors of steam vessels was introduced in evidence by consent. It has been long settled in admiralty…
2Cases cited22 opinions
- The Victory & the PlymothianSupreme Court of the United States · 1897
- The Morning LightSupreme Court of the United States · 1865
- The ServiaSupreme Court of the United States · 1893
- The PotomacSupreme Court of the United States · 1870
- Croshaw v. PhillipsCourt of Appeals for the Second Circuit · 1895
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3Cited by7 opinions
- The SagamoreCourt of Appeals for the First Circuit · 1917
- The Alfred W. BoothDistrict Court, S.D. New York · 1903
- Anglo-Saxon Petroleum Co. v. HeldenfelsCourt of Appeals for the Fifth Circuit · 1939
- The City of LowellCourt of Appeals for the Second Circuit · 1907
- Dollar S. S. Line v. Matson Nav. Co.Court of Appeals for the Ninth Circuit · 1928
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