Austerberry v. United States

I am of the opinion that the judgment of the District Court should be affirmed.

The rule is well settled that while an appeal in Admiralty is a trial de novo, the findings of the district court will be accepted unless clearly against the preponderance of evidence. Johnson v. Kosmos Portland Cement Co., 6 Cir., 64 F.2d 193, and cases therein cited. The credibility of witnesses is primarily a matter for the District Judge. The Eleanore, 6 Cir., 248 F. 472; The Knoxville City, 9 Cir., 112 F.2d 223. The District Judge, in dismissing the claims of the appellants, found that there was no credible…