McLain Line, Inc. v. Pennsylvania R.

Second Circuit

McLain Line, Inc. v. Pennsylvania R.

88 F.2d 435, 1937 U.S. App. LEXIS 3151, 1937 A.M.C. 343

CourtCourt of Appeals for the Second Circuit

DecidedMarch 1, 1937

DocketNo. 266

StatusPublished

Cited by1 cases

This text of 88 F.2d 435 (McLain Line, Inc. v. Pennsylvania R.) 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

McLain Line, Inc. v. Pennsylvania R., 88 F.2d 435, 1937 U.S. App. LEXIS 3151, 1937 A.M.C. 343 (2d Cir. 1937).

Pincite

Opinion

PER CURIAM.

This case involves only questions of fact, and as the evidence is confused and the permissible inferences contradictory, the conclusion of the District Judge is final, as we have said again and again. Indeed, we understood upon the argument that the chief reason for the appeal was lest the commissioner in computing damages should feel himself concluded by a passage in the opinion which declared that “ordinarily there is some damage to coal from sea water.” Upon the hearing before him this is not to be taken as a finding either that it is true as it stands, or that the coal at issue was injured by sea water. He will consider the issue afresh, as though the District Judge had not determined it, as he probably did not mean to do anyway.

Decree affirmed.

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

PER CURIAM.

This case involves only questions of fact, and as the evidence is confused and the permissible inferences contradictory, the conclusion of the District Judge is final, as we have said again and again. Indeed, we understood upon the argument that the chief reason for the appeal was lest the commissioner in computing damages should feel himself concluded by a passage in the opinion which declared that “ordinarily there is some damage to coal from sea water.” Upon the hearing before him this is not to be taken as a finding either that it is true as it stands, or that the coal at issue was injured by sea water. He will consider the issue afresh, as though the District Judge had not determined it, as he probably did not mean to do anyway.

Decree affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

88 F.2d 435, 1937 U.S. App. LEXIS 3151, 1937 A.M.C. 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclain-line-inc-v-pennsylvania-r-ca2-1937.

Opinion

Related

Cite This Page — Counsel Stack