Opinion · Court of Appeals for the Second Circuit
Bushey v. Huron Stevedoring Co.
56 F.2d 604
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1932-03-07
- Topic
- general
PER CURIAM. The appeal presents no question but of the credibility of witnesses, as to which we have often declared ourselves. The libelant’s ease depended, it is true, upon the testimony of a single bargee, but he made fresh complaint, and, though he was contradicted by several others, we cannot decide cases by counting heads. Indeed, when analyzed, the actual contradiction comes from fewer witnesses than the appellant believes. That the draught of copper may not have fallen four feet we can well believe, but that the winch got somewhat out of hand the judge has found, and we cannot gainsay him.
Citator
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- Cited by
- 5 opinions
Libel by the Christie Scow Corporation against the derrick lighter P.R.R. No. 216, claimed by the Pennsylvania Railroad Company, for damage to libelant's scow in a collision with the lighter. From a decree in favor of the libelant, the claimant appeals.
Affirmed.
Foley Martin, of New York City (James A. Martin, of New York City, of counsel), for appellee.
The decree is affirmed.