North River Barge Line v. Chile S.S. Co., Inc. The Creek. The Mary L. McAllister

FRANK, Circuit Judge.

1. The opinion and findings of the district judge, reported in 111 F.Supp. 895, sufficiently state the facts. As he saw and heard the witnesses, we cannot say that his findings of fact are “clearly erroneous.” We regard as wholly untenable Chile’s argument, as applied to the facts, that the date of the oral charter, February 20, 1948 — when there was likely to be heavy ice on the river — shows that libellant, owner of the scow, assumed the risk of ice-caused damage. It is immaterial that Chile was a sub-charterer. Libellant is clearly entitled to recover from one or the…