The N. & W. No. 2

Second Circuit

The N. & W. No. 2

108 F. 989, 46 C.C.A. 686, 1901 U.S. App. LEXIS 3873

CourtCourt of Appeals for the Second Circuit

DecidedMay 10, 1901

DocketNo. 147

StatusPublished

This text of 108 F. 989 (The N. & W. No. 2) 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 N. & W. No. 2, 108 F. 989, 46 C.C.A. 686, 1901 U.S. App. LEXIS 3873 (2d Cir. 1901).

Pincite

Opinion

PER CURIAM.

The testimony is most conflicting, and the contradictions of fact so sharp that it is absolutely impossible to harmonize them upon any theory. Nearly all the witnesses called by the libelant were examined by deposition. Nearly all those called by the claimant were before the district judge. We have not been able out of this mass of contradictions to satisfy ourselves that his ultimate conclusions should he reversed, although we may not concur in all his findings. The weight of evidence seems to indicate that the tow was not steered with the care and jjrompt attention to incipient sheers which the situation called for, and that the tug laid her course closer to the northern edge of the channel than she should have done, in view of the existing conditions. Decree affirmed, without interest or costs.

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PER CURIAM.

The testimony is most conflicting, and the contradictions of fact so sharp that it is absolutely impossible to harmonize them upon any theory. Nearly all the witnesses called by the libelant were examined by deposition. Nearly all those called by the claimant were before the district judge. We have not been able out of this mass of contradictions to satisfy ourselves that his ultimate conclusions should he reversed, although we may not concur in all his findings. The weight of evidence seems to indicate that the tow was not steered with the care and jjrompt attention to incipient sheers which the situation called for, and that the tug laid her course closer to the northern edge of the channel than she should have done, in view of the existing conditions. Decree affirmed, without interest or costs.

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Bluebook (online)

108 F. 989, 46 C.C.A. 686, 1901 U.S. App. LEXIS 3873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-n-w-no-2-ca2-1901.