Lowell v. The Joseph Stickney

Second Circuit

Lowell v. The Joseph Stickney

56 F. 156, 5 C.C.A. 457, 1893 U.S. App. LEXIS 2055

CourtCourt of Appeals for the Second Circuit

DecidedMay 23, 1893

StatusPublished

This text of 56 F. 156 (Lowell v. The Joseph Stickney) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lowell v. The Joseph Stickney, 56 F. 156, 5 C.C.A. 457, 1893 U.S. App. LEXIS 2055 (2d Cir. 1893).

Pincite

Opinion

PER CURIAM.

This controversy turns wholly upon controverted questions of fact, and such is the conflict of testimony that a safe opinion of the merits cannot he formed. The learned district judge, from whose decree the appeal is taken, rejected the theory of the collision of either party, and concluded that the libel ought to be dismissed upon considerations which appear to be reasonable. Without saying that we fully concur in his conclusions, we think the decree should be affirmed because the libelants did not establish their case by any preponderance of evidence.

The decree is affirmed, with costs of this court.

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PER CURIAM.

This controversy turns wholly upon controverted questions of fact, and such is the conflict of testimony that a safe opinion of the merits cannot he formed. The learned district judge, from whose decree the appeal is taken, rejected the theory of the collision of either party, and concluded that the libel ought to be dismissed upon considerations which appear to be reasonable. Without saying that we fully concur in his conclusions, we think the decree should be affirmed because the libelants did not establish their case by any preponderance of evidence.

The decree is affirmed, with costs of this court.

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Bluebook (online)

56 F. 156, 5 C.C.A. 457, 1893 U.S. App. LEXIS 2055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowell-v-the-joseph-stickney-ca2-1893.