BUSHEY v. HURON STEVEDORING CO.

No. 257.

56 F.2d 604 (1932)

BUSHEY v. HURON STEVEDORING CO.

Circuit Court of Appeals, Second Circuit.

March 7, 1932.


Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & Mcgrann, of New York City (L. De Grove Potter, of New York City, of counsel), for appellant.

Foley & Martin, of New York City (James A. Martin, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

The appeal presents no question but of the credibility of witnesses, as to which we have often declared ourselves. The libelant's case depended, it is true, upon the testimony of a single bargee, but he made fresh complaint, and, though he was contradicted by several others, we cannot decide cases by counting heads. Indeed, when analyzed, the actual contradiction comes from fewer witnesses than the appellant believes. That the draught of copper may not...

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