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Fodera v. Booth American Shipping Corp.

CIRCUIT COURT OF APPEALS, SECOND CIRCUIT


February 3, 1947

FODERA
v.
BOOTH AMERICAN SHIPPING CORPORATION ET AL

Author: Frank

Before AUGUSTUS N. HAND, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

We have here another instance of an attempt on appeal to have us, as to the facts, retry a case which has been tried on oral evidence in the court below. Perhaps some day soon the admiralty bar will become convinced that such attempts are fruitless.

There is ample evidence to support the trial judge's findings, including the finding that "safe practice required that the pipe be enclosed in a wooden box, both for the protection of the pipe and of those who were in its vicinity." Accordingly, his legal conclusions are correct. Seas Shipping Co., Inc., v. Sieracki, April 22, 1946, 66 S. Ct. 872. We are not persuaded that, on the evidence, the award to libellant should be increased.

Affirmed.

19470203

© 1998 VersusLaw Inc.



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