The Andreas Gerakis

Second Circuit

The Andreas Gerakis

247 F. 313, 159 C.C.A. 407, 1917 U.S. App. LEXIS 1665

Court of Appeals for the Second Circuit·Decided November 13, 1917·No. No. 21·Published

Opinion

PER CURIAM.

There is presented but one question by this appeal, and that of fact only, viz. the position of the anchored steamship, when struck by the tow of libelant’s tug. If she was substantially where the libel alleged, she unnecessarily, and therefore negligently, impeded the fairway. The burden of proving such negligence was on libelant. Upon consideration of the evidence, we are as unable as was the trial judge to fix the steamer’s position, further than to hold that she was not shown to be where the libel placed her.

Therefore the court below rightly dismissed the libel for lack of proof, and the decree is affirmed, with costs.

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PER CURIAM.

There is presented but one question by this appeal, and that of fact only, viz. the position of the anchored steamship, when struck by the tow of libelant’s tug. If she was substantially where the libel alleged, she unnecessarily, and therefore negligently, impeded the fairway. The burden of proving such negligence was on libelant. Upon consideration of the evidence, we are as unable as was the trial judge to fix the steamer’s position, further than to hold that she was not shown to be where the libel placed her.

Therefore the court below rightly dismissed the libel for lack of proof, and the decree is affirmed, with costs.

The Andreas Gerakis, 247 F. 313, 159 C.C.A. 407, 1917 U.S. App. LEXIS 1665 (2d Cir. 1917).

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