July 21, 1930
LEE & SIMMONS, INC., APPELLEE,
THE STEAM TUG SOCONY NO. 8, HER ENGINES, ETC., STANDARD TRANSPORTATION COMPANY, APPELLANT
Appeal from the District Court of the United States for the Eastern District of New York.
Before L. HAND, SWAN, and MACK, Circuit Judges.
This case involves only questions of fact. The District Judge saw the three witnesses who testified, and his conclusion must have been largely influenced by their appearance, as there is nothing determinative in the printed record. We can therefore see no reason for disturbing his decision. It is as probable that the Socony No. 8 was on the wrong side of the river as that she was seeking a haven. The proof of any fault on the part of the Olympia is certainly open to doubt.
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