Devine v. The Tiverton

U.S. Circuit Court for the District of Eastern New York

Devine v. The Tiverton

35 F. 529, 1888 U.S. Dist. LEXIS 122

CourtU.S. Circuit Court for the District of Eastern New York

DecidedJune 11, 1888

StatusPublished

This text of 35 F. 529 (Devine v. The Tiverton) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Devine v. The Tiverton, 35 F. 529, 1888 U.S. Dist. LEXIS 122 (circtedny 1888).

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Opinion

Benedict, J.

On reading the briefs presented in-this case, I observe that great stress is laid by the claimant upon the non-production by the libelant of the hatch-cover, which the libelant asserts broke under his weight, and which the proofs siiow to be in his custody, or under his control. If my recollection serves me, the production of the hatch-cover was tendered by the libelant at the trial; and it seems to me more conducive to justice to have it produced, instead of leaving the case to be ■decided dpon the assertion of the libelant that the hatch-cover broke under his weight, on the one hand, and the presumption that if produced it would show the contrary, on the other. This case is held open, with leave to the libelant to produce the hatch-cover in question, and with liberty to both sides to present any evidence regarding the same as they may be advised.

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Benedict, J.

On reading the briefs presented in-this case, I observe that great stress is laid by the claimant upon the non-production by the libelant of the hatch-cover, which the libelant asserts broke under his weight, and which the proofs siiow to be in his custody, or under his control. If my recollection serves me, the production of the hatch-cover was tendered by the libelant at the trial; and it seems to me more conducive to justice to have it produced, instead of leaving the case to be ■decided dpon the assertion of the libelant that the hatch-cover broke under his weight, on the one hand, and the presumption that if produced it would show the contrary, on the other. This case is held open, with leave to the libelant to produce the hatch-cover in question, and with liberty to both sides to present any evidence regarding the same as they may be advised.

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Bluebook (online)

35 F. 529, 1888 U.S. Dist. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devine-v-the-tiverton-circtedny-1888.