N. V. Stoomvaart Maatschappij Nederland v. Waterman S. S. Corp.

RYAN, District Judge.

After the filing of the decision herein on January 18, 1949, respondent S/S Gateway City applied to reopen the trial and for permission to offer the testimony of James A. Kirven, Chief Engineer, and Kai de Vermond, second mate of that ship. The failure of respondent to produce these witnesses and to give plausible explanation for this weighed heavily against it in the determination of the issues presented by the conflicting evidence on the trial. Satisfactory , explanation having been made by respondent, the application to reopen was granted. Respondent then submitted the…