The Andreas Gerakis

Second Circuit

The Andreas Gerakis

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

CourtCourt of Appeals for the Second Circuit

DecidedNovember 13, 1917

DocketNo. 21

StatusPublished

This text of 247 F. 313 (The Andreas Gerakis) 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

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

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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.

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247 F. 313, 159 C.C.A. 407, 1917 U.S. App. LEXIS 1665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-andreas-gerakis-ca2-1917.