The Gertrude

D. Rhode Island

The Gertrude

112 F. 448, 1901 U.S. Dist. LEXIS 49

CourtDistrict Court, D. Rhode Island

DecidedDecember 27, 1901

DocketNo. 1,034

StatusPublished

Cited by4 cases

This text of 112 F. 448 (The Gertrude) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Gertrude, 112 F. 448, 1901 U.S. Dist. LEXIS 49 (D.R.I. 1901).

Pincite

Opinion

BROWN, District Judge.

At the hearing upon exceptions to the commissioner’s report all exceptions were abandoned save those relating to the finding of the commissioner as to the valuation of the vessel .at the time of the collision and loss. Upon an examination of the evidence, it appears that there was considerable legal evidence to support the finding of the commissioner; and it has not been made to appear that his valuation is so manifestly erroneous that it should be set aside. On the contrary, there was much conflicting testimony, and it is apparent that the commissioner acted within the bounds of reasonable judgment in fixing the valuation of the vessel at the sum of $6,000. The conclusions of the commissioner on a question of this character are entitled to great respect. The Elton, 31 C. C. A. 496, 83 Fed. 519, 520; The Cayuga, 8 C. C. A. 188, 59 Eed. 483, 488; Callaghan v. Myers, 128 U. S. 617, 666, 9 Sup. Ct. 177, 32 F. Ed. 547; Kimberly v. Arms, 129 U. S. 512, 524, 525, 9 Sup. Ct. 355, 32 F. Ed. 764.

The commissioner’s report is affirmed, and a decree may be presented. accordingly. ■ >

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

BROWN, District Judge.

At the hearing upon exceptions to the commissioner’s report all exceptions were abandoned save those relating to the finding of the commissioner as to the valuation of the vessel .at the time of the collision and loss. Upon an examination of the evidence, it appears that there was considerable legal evidence to support the finding of the commissioner; and it has not been made to appear that his valuation is so manifestly erroneous that it should be set aside. On the contrary, there was much conflicting testimony, and it is apparent that the commissioner acted within the bounds of reasonable judgment in fixing the valuation of the vessel at the sum of $6,000. The conclusions of the commissioner on a question of this character are entitled to great respect. The Elton, 31 C. C. A. 496, 83 Fed. 519, 520; The Cayuga, 8 C. C. A. 188, 59 Eed. 483, 488; Callaghan v. Myers, 128 U. S. 617, 666, 9 Sup. Ct. 177, 32 F. Ed. 547; Kimberly v. Arms, 129 U. S. 512, 524, 525, 9 Sup. Ct. 355, 32 F. Ed. 764.

The commissioner’s report is affirmed, and a decree may be presented. accordingly. ■ >

Cite This Page — Counsel Stack

Bluebook (online)

112 F. 448, 1901 U.S. Dist. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-gertrude-rid-1901.

Opinion

Related

Cite This Page — Counsel Stack