Legal Opinion

The Bertha F. Walker

Court of Appeals for the Second Circuit

Decided January 12, 1915No. Nos. 95-97PublishedCited by 12 opinions

Appeal from the District Court of the United States for the Southern District of New York. These causes come here upon appeal from decrees of the District Court, Southern District of New York, holding the schooner Bertha F. Walker solely in fault for a collision between herself and three other boats in Newtown creek during a heavy summer squall. The collision occurred after the schooner had broken away from her moorings.

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Appeal from the District Court of the United States for the Southern District of New York. These causes come here upon appeal from decrees of the District Court, Southern District of New York, holding the schooner Bertha F. Walker solely in fault for a collision between herself and three other boats in Newtown creek during a heavy summer squall. The collision occurred after the schooner had broken away from her moorings. It is disputed whether or not the flotilla, consisting of the three other boats, had also broken loose before collision. The condition and sufficiency of the lines by which…

1Per curiam

These causes present only two questions, both wholly of fact, on testimony sharply conflicting and manifestly irreconcilable. We have carefully examined the whole testimony, and do not find in it sufficient to justify a reversal of the findings, on these two questions, of the District Judge, who saw, heard, and himself questioned the witnesses. Discussion of the evidence seems superfluous; it would contribute nothing illuminative of admiralty law or practice.

The decrees are affirmed, with interest and costs.

2Cited by12 opinions

  1. The SeveranceCourt of Appeals for the Fourth Circuit · 1945
  2. The BuffaloCourt of Appeals for the Second Circuit · 1932
  3. O. F. Shearer & Sons v. Cincinnati Marine Service, Inc.Court of Appeals for the Sixth Circuit · 1960
  4. The ColonCourt of Appeals for the Second Circuit · 1918
  5. The D., L. & W. No. 442Court of Appeals for the Second Circuit · 1929

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