J. RICH STEERS, INC. v. GREAT LAKES DREDGE & DOCK CO.

No. 253, Docket 20964.

168 F.2d 875 (1948)

J. RICH STEERS, Inc. v. GREAT LAKES DREDGE & DOCK CO.

Circuit Court of Appeals, Second Circuit.

May 20, 1948.


Attorney(s) appearing for the Case

Henry C. Eidenbach, of New York City (Hagen & Eidenbach, of New York City, of counsel), for appellant.

Leo F. Hanan, of New York City (Macklin, Brown, Lenahan & Speer, of New York City, of counsel), for J. Rich Steers, Inc., libelant-appellee.

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


PER CURIAM.

It is true that the district judge did not find in so many words that the blow which the dredge delivered to the scow "H.S. 56" and which that scow passed on to the scow "H.S. 51" was more violent than is to be expected in the harbor, often spoken of as a "harbor bump"; but in his opinion he says that he accepted the testimony of the libellant's witnesses, and this he repeated in the thirteenth finding of fact; so that we may assume that he incorporated...

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