Baker v. Smith
U.S. Circuit Court for the District of Massachusetts
On an appeal from a decree of the district court, based wholly upon its finding on a disputed question of fact, the burden is on the appellant to show affirmatively a mistake in the finding. The decree will not be reversed where the evidence is such as merely to raise a doubt in regard to the question of fact. [Cited in The Maggie P.. 25 Fed. 206.] [See The Grafton. Case No. 5,655; The Sunswick.
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On an appeal from a decree of the district court, based wholly upon its finding on a disputed question of fact, the burden is on the appellant to show affirmatively a mistake in the finding. The decree will not be reversed where the evidence is such as merely to raise a doubt in regard to the question of fact. [Cited in The Maggie P.. 25 Fed. 206.] [See The Grafton. Case No. 5,655; The Sunswick. Id. 13,625; Taylor v. Harwood, Id. 13,794.] Admiralty appeals from [unreported] decrees of the district court of [the United States for the district of] Massachusetts in cases of cross-libels for…
1Opinion of the Court
SHEPLEY, Circuit Judge.
These cases, which were heard and tried together, are appeals from the decrees [unreported] of the district judge for the district of Massachusetts, sustaining the libel of the owners of the Trade Wind against the Nellie Doe, and dismissing, with costs, the libel of the owners of the Nellie Doe against the Trade Wind.
The cases, which grew out of a collision between the two vessels in Vineyard sound, about three miles northerly of Cape Pogue, present, for the consideration of the court, questions purely of fact. In cases of this description there is usually great…
2Cited by6 opinions
- Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
- City of St. Louis v. The Maggie P.U.S. Circuit Court for the District of Eastern Missouri · 1885
- Earle v. United StatesCourt of Appeals for the Ninth Circuit · 1896
- Southern Railway Co. v. American Whip Co.Supreme Court of Georgia · 1914
- Champagne v. Columbia Dental, PCDistrict Court, D. Connecticut · 2022
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