Balano v. The Illinois
District Court, E.D. Pennsylvania
This was a libel in rem by the owners of the schooner Mabel Jordan against the steamship Illinois to recover damages for a collision. The owners of the Illinois also brought in the tug Cladisfen as a corespondent. In the district court it was held that the Illinois alone was in fault (65 Fed. 123), and the cause was referred to a commissioner to report the amount of damages. The commissioner having now filed his report, the hearing is upon exceptions thereto.
1Opinion of the Court
BUTLEIi, District Judge.
After careful reading of the commissioner’s report and the briefs of counsel in support of their exceptions, I am satisfied that the exceptions should be dismissed. The commissioner’s findings relate to matters determinable by the evidence, and in my judgment they do the parties substantial justice. The evidence respecting the numerous disputed items is conflicting, and the commissioner’s duty was a difficult one. A different conclusion than that reached by him, respecting some of them, might possibly be sustained by the evidence as reported, but the commissioner, who…
2Cases cited1 opinion
- Cory v. PencoCourt of Appeals for the Third Circuit · 1897
3Cited by4 opinions
- The SitkaDistrict Court, W.D. New York · 1907
- Boston Sand and Gravel Co. v. United StatesSupreme Court of the United States · 1928
- Boston Sand and Gravel Co. v. United StatesSupreme Court of the United States · 1928
- The CumberlandDistrict Court, D. Massachusetts · 1905