U.S. Court of Appeals for the Second Circuit, 1901

The A. C. Cheney

The A. C. Cheney
U.S. Court of Appeals for the Second Circuit · Decided November 22, 1901
111 F. 1004; 1901 U.S. App. LEXIS 4454; 49 C.C.A. 669

The A. C. Cheney

Opinion of the Court

PER CURIAM.

There is no satisfactory evidence of any careless or negligent conduct on the part of the tug while performing the towage service, and the case for the libelant rests wholly upon the presumption arising from the fracture of the planks during the service. We are not satisfied that the court below erred in the conclusion reached, and think the decreo dismissing the libel ought not to be disturbed. Decree affirmed, with costs.

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