Barwick, Inc. v. Toomey

Third Circuit

Barwick, Inc. v. Toomey

83 F.2d 1006, 1936 U.S. App. LEXIS 2709, 1936 A.M.C. 1081

CourtCourt of Appeals for the Third Circuit

DecidedMay 19, 1936

DocketNo. 5865

StatusPublished

This text of 83 F.2d 1006 (Barwick, Inc. v. Toomey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barwick, Inc. v. Toomey, 83 F.2d 1006, 1936 U.S. App. LEXIS 2709, 1936 A.M.C. 1081 (3d Cir. 1936).

Pincite

Opinion

PER CURIAM.

This admiralty collision case depends on its own particular facts and the substantive questions of fact involved are: Did the tug Barwick, in passing out of the pier, strike the motor vessel Spray, lying at rest, and, if so, did the blow cause the damage found, assessed, and decreed? After hearing the witnesses of both sides, the court entered a decree against the Barwick and referred the case to a master to ascertain damages, who heard testimony and reported the same. On hearing exceptions thereto, the court entered a final decree dismissing such exceptions and confirming his report.

The proofs and all questions raised have had full consideration and, finding no reversible error, we limit ourselves, in view of the pressure of work of this court, to affirming the decree below without discussing the proofs.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This admiralty collision case depends on its own particular facts and the substantive questions of fact involved are: Did the tug Barwick, in passing out of the pier, strike the motor vessel Spray, lying at rest, and, if so, did the blow cause the damage found, assessed, and decreed? After hearing the witnesses of both sides, the court entered a decree against the Barwick and referred the case to a master to ascertain damages, who heard testimony and reported the same. On hearing exceptions thereto, the court entered a final decree dismissing such exceptions and confirming his report.

The proofs and all questions raised have had full consideration and, finding no reversible error, we limit ourselves, in view of the pressure of work of this court, to affirming the decree below without discussing the proofs.

Cite This Page — Counsel Stack

Bluebook (online)

83 F.2d 1006, 1936 U.S. App. LEXIS 2709, 1936 A.M.C. 1081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barwick-inc-v-toomey-ca3-1936.