McLAIN LINE v. PENNSYLVANIA R. CO.

No. 266.

88 F.2d 435 (1937)

McLAIN LINE, Inc., v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

March 1, 1937.


Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper (Chauncey I. Clark and Frederic Conger, of New York City, of counsel), for appellant.

Earl Appleman, of New York City, for appellee.

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


PER CURIAM.

This case involves only questions of fact, and as the evidence is confused and the permissible inferences contradictory, the conclusion of the District Judge is final, as we have said again and again. Indeed, we understood upon the argument that the chief reason for the appeal was lest the commissioner in computing damages should feel himself concluded by a passage in the opinion which declared that "ordinarily there is some damage to coal from sea water...

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