Tucker v. Reading Co.

An affirmance of the decree in this case need depend only upon a single question of fact; i. e., whether Centano, the bargee of the Elmer, brought her alongside the Nash before the tug, Bern, returned. If he did, nothing remains of the argument that unaided he could not relieve the Elmer after she was caught upon the port stern corner of the Nash where she was injured; for he simply failed to act in season. The judge did not, it is true, make a finding specifically upon the question; but the evidence does not leave any doubt. The bargee’s testimony was itself confused and conflicting…