Legal Opinion
In re Panama Transport Co.
Court of Appeals for the Second Circuit
Decided January 31, 1949No. 151, Docket 21203PublishedCited by 4 opinions
1Opinion of the Court
FRANK, Circuit Judge.
In Erie R. Co. v. The Cornell No. 20, 2 Cir., 164 F.2d 763, 765, we said: “Determination of the facts of a lawsuit, when the witnesses disagree about them, always presents difficulties. As the facts necessarily occurred in the past, and not in the trial judge’s presence, he must undertake an historical reconstruction; and the wiser historians tell us that any such reconstruction is inherently guessy. For the likelihood is small that any mere mortal can acquire absolutely certain knowledge of bygone events. The probability is less that such knowledge will be approximated…
2Cases cited1 opinion
- Erie R. v. Cornell No. 20Court of Appeals for the Second Circuit · 1947
3Cited by4 opinions
- Texas Gulf Sulphur Company v. Blue Stack Towing CompanyCourt of Appeals for the Fifth Circuit · 1963
- United States v. New York Dock Co.District Court, S.D. New York · 1951
- Luckenbach Steamship Co. v. United StatesCourt of Appeals for the Second Circuit · 1963
- Luckenbach Steamship Company, Inc., as Owner of the S.S. Lena Luckenbach, Libelant-Appellee v. United States of America, the Ministers of Transport, Etc., for the United Kingdom of Great Britain and Northern Ireland, Etc., Intervening- Petitioners- United States of America, as Owner of the S.S. James Fenimore Cooper, Cross-Libelant-Appellant v. Luckenbach Steamship Company, Inc., as Owner of the S.S. Lena Luckenbach, Cross-Respondent-AppelleeCourt of Appeals for the Second Circuit · 1963