(DOWNLOAD) "Sternberg Dredging Co. v. Moran Towing & Transp. Co." by United States Court Of Appeals Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Sternberg Dredging Co. v. Moran Towing & Transp. Co.
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 13, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The opinion in this case states the evidence in detail, together with the substance of what the judge found, and we shall assume an acquaintance with it in what we have to say. The appeal raises three main questions: (1) whether the finding should stand that at 4:30 when the master, Beale, and the first mate, Thompson, went aft with their binoculars, they decided that the dredge was on an even keel; (2) whether, if that finding should not stand, Beale was justified in doing no more than reducing to half speed; (3) whether the tug has the burden of producing evidence that will support an inference that nothing could have been done between 4:30 P.M. and 7:30 P.M. to save the dredge. The second question as we have repeatedly held is not one of fact in the sense that we must follow it unless we think it "clearly erroneous"; it concerns the duty - standard of care - appropriate to the occasion.
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