U.S. Court of Appeals for the Second Circuit, 1918

The W. H. Flannery

The W. H. Flannery
U.S. Court of Appeals for the Second Circuit · Decided January 16, 1918
249 F. 349; 161 C.C.A. 357; 1918 U.S. App. LEXIS 2219

The W. H. Flannery

Opinion of the Court

PER CURIAM.

The question which this case presents involves no question of law. The District Judge, who saw and heard the witnesses, has found as a fact that the collision was occasioned by the Flannery’s failure to comply with the signal given by the Beard and which the Flannery had accepted. This court is reluctant to disturb a conclusion of fact reached by a trial judge, who had the advantage of seeing and hearing the witnesses.

Decree affirmed.

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