PANAMA TRANSPORT CO. v. THE MARAVI

No. 105, Docket 20788.

165 F.2d 719 (1948)

PANAMA TRANSPORT CO. v. THE MARAVI. BALBOA S. S. CO., Inc., v. THE PHŒBUS.

Circuit Court of Appeals, Second Circuit.

January 26, 1948.


Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Charles E. Wythe, both of New York City, of counsel), for the Maravi.

Kirlin, Campbell, Hickox & Keating, of New York City (Ira A. Campbell and Eugene F. Gilligan, both of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

With the exception of one witness (Stanley, a consulting engineer and marine surveyor, who testified as an expert as to hydraulic telemotor systems and their breakdowns), the testimony was all by deposition. Accordingly, we are, with respect to most of the facts, in as good a position to determine what happened as was the trial judge, and therefore the usual "unless clearly erroneous" test does not apply to the judge's findings. Nevertheless...

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