The Automatic

Second Circuit

The Automatic

288 F. 850, 1923 U.S. App. LEXIS 2247

CourtCourt of Appeals for the Second Circuit

DecidedMarch 19, 1923

DocketNos. 197, 198

StatusPublished

This text of 288 F. 850 (The Automatic) 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 Automatic, 288 F. 850, 1923 U.S. App. LEXIS 2247 (2d Cir. 1923).

Pincite

Opinion

PER CURIAM.

The question was sharply raised by the pleadings and in the evidence whether the barge in tow did or did not come in violent contact with a bridge abutment. It has not been denied that, if such contact occurred, it was sufficient to account for the admitted loss and damage. The trial judge has held on very conflicting evidence that the contact referred to did occur. After reading the evidence, especially including that relating to the condition of the boat after capsizing, we are .not inclined to disturb the lower court’s finding of fact.

Decrees affirmed, with costs.

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PER CURIAM.

The question was sharply raised by the pleadings and in the evidence whether the barge in tow did or did not come in violent contact with a bridge abutment. It has not been denied that, if such contact occurred, it was sufficient to account for the admitted loss and damage. The trial judge has held on very conflicting evidence that the contact referred to did occur. After reading the evidence, especially including that relating to the condition of the boat after capsizing, we are .not inclined to disturb the lower court’s finding of fact.

Decrees affirmed, with costs.

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Bluebook (online)

288 F. 850, 1923 U.S. App. LEXIS 2247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-automatic-ca2-1923.