The Tommy
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 a decree of the United States District Court for the Southern District of New York, dismissing the libel and petition of Leah M. Saville for limitation of liability. The opinion of the court below is reported in M2 Led. 1034.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The court below concluded that “there can be little doubt of the defective condition of the tongs, and that the accident was principally attributable thereto.” Of the five witnesses who testified to the defective condition of the tongs, four were manifestly hostile to the libelant and had been discharged from her employ, and the fifth had left her service, while five other witnesses testified that the tongs were, or appeared to be, in good condition. While we are not prepared to say, after an examination of the record, that we would have reached the same conclusion as…
2Cases cited8 opinions
- Craig v. Continental InsuranceSupreme Court of the United States · 1891
- The RepublicCourt of Appeals for the Second Circuit · 1894
- Quinlan v. PewCourt of Appeals for the First Circuit · 1893
- Walker v. Transportation Co.Supreme Court of the United States · 1866
- MOORE v. American Transportation Co.Supreme Court of the United States · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cullen Fuel Co. v. W. E. Hedger, Inc.Supreme Court of the United States · 1933
- The Erie Lighter 108District Court, D. New Jersey · 1918
- Coryell v. PhippsCourt of Appeals for the Fifth Circuit · 1942
- Pocomoke Guano Co. v. Eastern Transp. Co.Court of Appeals for the Fourth Circuit · 1922
- The OneidaCourt of Appeals for the Second Circuit · 1922
13 more not listed; retrieve them via the Exa API.