F. E. Grauwiller Transportation Co. v. The Scow Jeanne
F. E. Grauwiller Transportation Co. v. The Scow Jeanne
Opinion of the Court
In the sharp conflict of testimony which developed below, Judge Bruchhausen, who saw and heard the witnesses, makes clear that he believed Searfoss, president of libellant F. E. Grauwiller Transportation Co, Inc, the original owner of the Scow Jeanne — the casus belli here — and disbelieved Elliott, who was a volunteer seeking authorization for the repairs he was having made to the vessel after its wreck in New York bay in the November, 1953, storm. D.C.E.D.N.Y, 131 F.Supp. 630. These were rational and reasonable deductions, supported by the decided weight of the testimony, including that of witnesses not directly involved, as well as the probabilities, plus certain incongruities in the testimony of Elliott and his witnesses. We have no basis, therefore, to reject the findings as clearly erroneous; and these leave Elliott as only a persistent interloper, acting at his peril after repeated warnings. Hence the substantial repair bill, incurred to Rodermond Industries, Inc, by Elliott, acting under authority
Reference
- Full Case Name
- F. E. GRAUWILLER TRANSPORTATION CO., Inc., Libellant-Appellee v. THE Scow JEANNE and Charles J. King, Respondents-Appellants RODERMOND INDUSTRIES, Inc., Libellant-Cross-Appellant v. THE Scow JEANNE and Charles J. King, Inc., and F. E. Grauwiller Transportation Co., Inc., Respondent-Appellee Joseph P. ELLIOTT, Libellant-Appellant v. THE Scow JEANNE and F. E. Grauwiller Transportation Co., Inc.
- Cited By
- 1 case
- Status
- Published