Lembeck v. United States Shipping Board Emergency Fleet Corp.

HAND, Circuit Judge.

We think that the plaintiff’s proof comes to nothing more than that the defendant paid the crew. The pay roll and the documents covering the coal did not emanate from the defendant, nor were they sent to it, so far as appears. Taken alone, the payment of the erew might be enough to establish prima facie that the defendant operated the ship, though that question we do not find it necessary to decide. It becomes of no moment in the light of the resolution of the board, which shows the contrary. While the board vested “supervision” of all ships of the “Lines” in its…