Tropical Marine Products, Inc. v. Birmingham Fire Insurance Company of Pennsylvania

JOHN R. BROWN, Circuit Judge.

This appeal by the shipowner tests the correctness of the adverse judgment of the District Court after a trial without a jury denying recovery under an American Institute Time Hull Policy for a sinking from unknown causes. So uncontradicted are the facts, as found or as controlling, that the District Judge’s findings of fact were an almost verbatim adoption of those proposed by the plaintiff Shipowner, the losing party. The case turned finally in the Judge’s analysis upon successive presumptions.

Except for a few editorial changes involving no matter of substance,…