Minerals & Chemicals Philipp Corp. v. S. S. National Trader
Minerals & Chemicals Philipp Corp. v. S. S. National Trader
Opinion of the Court
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, sitting without a jury.
It is true that plaintiff’s expert Thompson, who examined the ship after the fire, did in arriving at his conclusions read statements of certain crew members, but he did so in lieu of reading the log book which was destroyed by the fire itself. His testimony as to the 27“ proximity of the port boiler and the port' side settling tank was, however, based on defendant’s plan. He actually saw after the fire that there was no valve on the depth gauging device of the port settler and no can at the end of the valve. Defendant Ortegal’s own evidence was to the effect that the second engineer had installed several months before the fire a small pipe at the 15 foot level of the settling tanks,
The conclusions of Thompson were also corroborated and substantiated by other expert testimony of the witnesses Wright and Parker. By the very nature of a fire, its cause must often be proven through a combination of common sense, circumstantial evidence and expert testimony. United States v. Ebinger, 386 F.2d 557, 560 (2d Cir. 1967). See also Michalic v. Cleveland Tankers, Inc., 364 U.S. 325, 330, 81 S.Ct. 6, 5 L.Ed.2d 20 (1960); The Slavers (Reindeer), 69 U.S. (2 Wall.) 383, 401, 17 L.Ed. 911 (1864) (when “positive proof * * * is not generally to be expected, * * * the law allows a resort to circumstances * * *"); 7 Wigmore, Evidence § 1976 (3rd ed. 1940).
We cannot say as a matter of law that the trial court’s findings here were based on insufficient evidence or were clearly erroneous. Rule 52(a), Fed.R.Civ.P.
Judgment affirmed.
Reference
- Full Case Name
- MINERALS & CHEMICALS PHILIPP CORPORATION v. S. S. NATIONAL TRADER, her engines, boilers, etc., and Ortegal Compania Naviera S. A., and EXCELSIOR SHIPPING CO., Ltd.
- Cited By
- 3 cases
- Status
- Published