Cory v. Penco
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania. This was a libel by Domenico Penco, master of the bark Armonía, against John Cory & Sons, owners of the steamer Eedruth, to recover damages resulting from a collision. The district court rendered a decree for the libelant (67 Fed. 362), and the respondents appealed.
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Appeal from the District Court of the United States for the Eastern District of Pennsylvania. This was a libel by Domenico Penco, master of the bark Armonía, against John Cory & Sons, owners of the steamer Eedruth, to recover damages resulting from a collision. The district court rendered a decree for the libelant (67 Fed. 362), and the respondents appealed. After the record was brought up from the court below, the appellants wei-e permitted by the court to file additional assignments of error. 22 C. C. A. 675, 76 Fed. 997.
1Opinion of the Court
DALLAS, Circuit Judge.
This is an appeal from a decree in admiralty. We are all convinced, upon separate consideration of the evidence, of the correctness of the conclusions of the learned judge of the district court upon every material question of fact on which he based his decision.
It is impossible to fix with precision the spot at which the Armonía was anchored, bat it is not requisite to do so. It is enough to say, and of this we have no doubt, that she was not, as the appellants *228contend, anchored in midchannel, but was anchored at a point some distance to the westward thereof, and where…
2Cases cited2 opinions
- The OregonSupreme Court of the United States · 1895
- Orhanovich v. The Steam-Tug AmericaUnited States Circuit Court · 1880
3Cited by6 opinions
- The MalingDistrict Court, D. Delaware · 1901
- Société des Voiliers Français v. Oregon R. & Nav.District Court, D. Oregon · 1910
- Balano v. The IllinoisDistrict Court, E.D. Pennsylvania · 1898
- Phinney v. The Le LionDistrict Court, E.D. Pennsylvania · 1898
- Island Transp. Co. v. City of SeattleDistrict Court, W.D. Washington · 1913
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