The Bern

Second Circuit

The Bern

261 F. 995, 1919 U.S. App. LEXIS 1881

Court of Appeals for the Second Circuit·Decided November 21, 1919·No. No. 40·Published·Cited by 2 cases

Opinion

PER CURIAM.

The difficulty of believing that this tug went so near the New Jersey shore as to strike a well-known reef is great, but no greater than similar difficulties resolved in favor of a libelant by Brown, J., in The Ellen McGovern (D. C.) 27 Fed. 868. But no question of law was or is involved, and where, as here, the findings below are based on evidence given by witnesses seen and heard by the trial judge, we are not disposed to disturb his finding. The F. B. Squire, 248 Fed. 470, 160 C. C. A. 479.

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PER CURIAM.

The difficulty of believing that this tug went so near the New Jersey shore as to strike a well-known reef is great, but no greater than similar difficulties resolved in favor of a libelant by Brown, J., in The Ellen McGovern (D. C.) 27 Fed. 868. But no question of law was or is involved, and where, as here, the findings below are based on evidence given by witnesses seen and heard by the trial judge, we are not disposed to disturb his finding. The F. B. Squire, 248 Fed. 470, 160 C. C. A. 479.

The Bern, 261 F. 995, 1919 U.S. App. LEXIS 1881 (2d Cir. 1919).

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Opinion

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