MINERALS & CHEMICALS PHILIPP CORP. v. S. S. NATIONAL TRADER

No. 772, Docket 33903.

445 F.2d 831 (1971)

MINERALS & CHEMICALS PHILIPP CORPORATION, Plaintiff-Appellee, v. S. S. NATIONAL TRADER, her engines, boilers, etc., and Ortegal Compania Naviera S. A., Defendant-Appellant, and EXCELSIOR SHIPPING CO., Ltd., Defendant.

United States Court of Appeals, Second Circuit.

Decided July 13, 1971.


Attorney(s) appearing for the Case

James H. Simonson, New York City (Bigham, Euglar, Jones & Houston, New York City), for plaintiff-appellee.

Edwin K. Reid, New York City (Zock, Petrie, Sheneman & Reid, New York City), for defendant-appellant.

Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.


PER CURIAM:

The principal issue here is factual: whether the evidence supports the finding by the court below that defendant Ortegal's design, or negligent use and repair of its port boiler, caused ignition of oil fumes from the port settling tank resulting in a fire which destroyed plaintiff's cargo. Defendant's principal contention on appeal is that the only real evidence of the cause of the fire rested on hearsay statements, improperly admitted by the trial court...

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