Mendelssohn Park Excursion & Amusement Co. v. Hewitt

U.S. Court of Appeals for the Third Circuit
Mendelssohn Park Excursion & Amusement Co. v. Hewitt, 80 F. 943 (3d Cir. 1897)
1897 U.S. App. LEXIS 2275; 26 C.C.A. 270

Mendelssohn Park Excursion & Amusement Co. v. Hewitt

Opinion of the Court

BUTLER, District Judge.

The district court found the Mayflower responsible for the loss sustained by the wharf boat; that the latter sank in. consequence of a blow inflicted by the former, as charged in the libel. The very able argument presented on behalf of the Mayflower has not satisfied us that this finding is wrong. It seems to be fully sustained by the proofs. No doubt the wharf boat was in bad condition, and sometimes leaked; but this does not appear to have had anything to do with her disaster. She was afloat and safe when struck, and directly after sank. When raised, a plank, new and strong, connected with the knee which received the blow, was split a distance of many feet, and forced open sufficiently to admit water freely. It cannot well be doubted that this was the cause of sinking, notwithstanding some testimony to the contrary. Nor do we find anything that would justify us in interfering with the damages awarded. The subject appears to have been examined with care by the court, and, while there may possibly be room for doubt respecting some of the items allowed, we think the decree cannot safely be disturbed. It is therefore affirmed.

Reference

Full Case Name
THE MAYFLOWER. MENDELSSOHN PARK EXCURSION & AMUSEMENT CO., Limited v. HEWITT
Status
Published