The Wildenfels
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. The decree of the District Court dismissed a libel filed by the American Manufacturing Company against the steamer Wildenfels and the lighter Rover for damages to a cargo of jute discharged from the steamer to the lighter and lost overboard by the rolling of the latter while being loaded at a berth at pier No. 3, Bush’s Stores, South Brooklyn.
1Opinion of the Court
COXE, Circuit Judge.
We are satisfied that the District Court correctly disposed of this controversy. The principal questions were of fact, relating to the construction, management and mooring of the Rover and the cause of the leak and the rolling, which resulted in the loss of the cargo. AVith two exceptions all of the witnesses were examined in the presence of the district judge and his finding that the Rover was not in fault is fully sustained by the proof. Surely it cannot be said that the finding is so clearly against the weight of evidence as to warrant this court in setting it aside.…
2Cases cited15 opinions
- The "Margaret."Supreme Court of the United States · 1877
- The FriCourt of Appeals for the Second Circuit · 1907
- Fish v. Chapman & RossSupreme Court of Georgia · 1847
- McKINLAY v. MORRISHSupreme Court of the United States · 1859
- Allen v. . SackriderNew York Court of Appeals · 1867
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3Cited by17 opinions
- Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
- The Turret CrownCourt of Appeals for the Second Circuit · 1924
- The C. R. ShefferCourt of Appeals for the Second Circuit · 1918
- Hollander v. Smith & SmithNew Jersey Superior Court Appellate Division · 1950
- In Re Steamship Company NordenDistrict Court, D. Maryland · 1925
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