The Minnetonka
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. •'->■-•. >■ =• -‘.n. On appeal from a decree in favor of Frances M. Barnes, libelant, and against the Minnetonka, for damages sustained by her by reason of the loss of her jewelry, which was, as she alleges, stolen from her while a passenger: oh i/the steamship by one or more of the stewards in the employ of the claimant, the Atlantic Transport Company. ■ The decree was against the…
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Appeal from the District Court of the United States for the Southern District of New York. •'->■-•. >■ =• -‘.n. On appeal from a decree in favor of Frances M. Barnes, libelant, and against the Minnetonka, for damages sustained by her by reason of the loss of her jewelry, which was, as she alleges, stolen from her while a passenger: oh i/the steamship by one or more of the stewards in the employ of the claimant, the Atlantic Transport Company. ■ The decree was against the Minnetonka in rem in the sum of $5,000 damages and $237.90 costs, and against- claimant in per-sonam, for the sum of…
1Opinion of the Court
COXE, Circuit Judge.
The salient facts: are-stated in the opinion of the,district judge; these'need not be repeated.
The' question whether the jewelry was stolen by an employe-’of the ship alone or with the connivance of another émpl&ye \v.as one of'.fact, *511and as :the trial judge' had the advantage of seeing the witnesses, this .finding should not be disturbed unless clearly against the weight of testimony. The judge says expressly that he was favorably impressed with the demeanor of the libelant and her niece, and on the contrary the stewards, to whom suspicion pointed, did not make a…
2Cases cited12 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- The MajesticSupreme Court of the United States · 1897
- The Steamer SyracuseSupreme Court of the United States · 1871
- The KensingtonSupreme Court of the United States · 1902
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Central Hudson Gas & Electric Corporation v. Empresa Naviera Santa S.A.Court of Appeals for the Second Circuit · 1995
- Jane Doe v. Celebrity Cruises, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Ciro Silvestri v. Italia Societa Per Azioni Di NavigazioneCourt of Appeals for the Second Circuit · 1968
- McQuillan v. " ITALIA" SOCIETA PER AZIONE DI NAVIGAZIONEDistrict Court, S.D. New York · 1974
- STATE OF CALIFORNIA, BY AND THROUGH DEPARTMENT OF FISH AND GAME v. SS BournemouthDistrict Court, C.D. California · 1969
31 more not listed; retrieve them via the Exa API.