The Quickstep
Supreme Court of the United States
Appeal from the Circuit Court for the Southern District of New York in a matter of collision; the case, as assumed by this court upon the evidence, was this: One Byrne, the captain and owner of the canal-boat Citizen, laden with wheat, contracted with the captain of the tug Quickstep to tow the canal-boat from New York to New Brunswick. Byrne did not know how many boats the captain of the tug would take.
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Appeal from the Circuit Court for the Southern District of New York in a matter of collision; the case, as assumed by this court upon the evidence, was this: One Byrne, the captain and owner of the canal-boat Citizen, laden with wheat, contracted with the captain of the tug Quickstep to tow the canal-boat from New York to New Brunswick. Byrne did not know how many boats the captain of the tug would take. The tow, however, when completed, consisted of six boats, —two abreast, on each side of the tug, and one directly in the rear of each of the two bdats, as shown in the upper part of the…
1Opinion of the CourtJustice Davis
The difficulty of discovering the truth in collision cases, which are mainly trials of fact, grows out of the character of the evidence, which is always more or less conflicting. The court that can see the witnesses, hear their statements, observe their demeanor, and compare their degree of intelligence, is better able than an appellate tribunal to reconcile differences in testimony, or, if that be not possible, to ascertain the real nature of the transaction. The District Court that tries the case in the first instance enjoys this advantage, and the finding of facts by it, if followed by the…
2Cited by71 opinions
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- Canadian Aviator, Ltd. v. United StatesSupreme Court of the United States · 1945
- The John G. StevensSupreme Court of the United States · 1898
- The "Margaret."Supreme Court of the United States · 1877
- The Robert W. ParsonsSupreme Court of the United States · 1903
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