FODERA v. BOOTH AMERICAN SHIPPING CORPORATION

No. 162, Docket 20457.

159 F.2d 795 (1947)

FODERA v. BOOTH AMERICAN SHIPPING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

February 3, 1947.


Attorney(s) appearing for the Case

Samuel Spevack, of Brooklyn, N. Y. (Harry Teichner and Emanuel Spanier, both of Brooklyn, N. Y., of counsel) for libellant.

Kirlin, Campbell, Hickox & Keating, of New York City (Raymond Parmer and Vernon Sims Jones, both of New York City, of counsel) for respondent-appellant.

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...

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