The Industry

E.D. New York

The Industry

215 F. 288, 1914 U.S. Dist. LEXIS 1725

DecidedJune 6, 1914

StatusPublished

This text of 215 F. 288 (The Industry) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Industry, 215 F. 288, 1914 U.S. Dist. LEXIS 1725 (E.D.N.Y. 1914).

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Opinion

CHATFIELD, District Judge.

The commissioner has reported the value of a certain motor boat and two items covering money and clothing lost upon the boat in a collision, as to which an interlocutory decree has been entered and the question of damages referred. One witness testified that he would replace the boat for $350, while another fixes the fair value of the hull at $1,000. The libelant claims $750, and a third builder places the value at $735.

The commissioner has reported $650 as a finding, and has arrived at this result by making certain deductions for waste time and materials because of the builder’s lack of experience. There would seem to be a substantial basis of fact for the conclusions of the commissioner, and any difference of result would be merely a difference of opinion or in the finding of fact upon the same testimony on which the commissioner has acted. In such case the commissioner’s finding should not be set aside unless it is plainly erroneous.

As to the other items of damage, there seems to be no reason why they should not be held correct.

The report will be confirmed.

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CHATFIELD, District Judge.

The commissioner has reported the value of a certain motor boat and two items covering money and clothing lost upon the boat in a collision, as to which an interlocutory decree has been entered and the question of damages referred. One witness testified that he would replace the boat for $350, while another fixes the fair value of the hull at $1,000. The libelant claims $750, and a third builder places the value at $735.

The commissioner has reported $650 as a finding, and has arrived at this result by making certain deductions for waste time and materials because of the builder’s lack of experience. There would seem to be a substantial basis of fact for the conclusions of the commissioner, and any difference of result would be merely a difference of opinion or in the finding of fact upon the same testimony on which the commissioner has acted. In such case the commissioner’s finding should not be set aside unless it is plainly erroneous.

As to the other items of damage, there seems to be no reason why they should not be held correct.

The report will be confirmed.

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Bluebook (online)

215 F. 288, 1914 U.S. Dist. LEXIS 1725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-industry-nyed-1914.