U.S. Court of Appeals for the Third Circuit, 1931

Atlantic Fruit Co. v. S. S. Oritani

U.S. Court of Appeals for the Third Circuit · Decided December 24, 1931

54 F.2d 1075; 1931 U.S. App. LEXIS 4044 (Federal Reporter, Second Series)

Counsel

Lewis Adler & Laws, of Philadelphia, Pa., and Single & Hill, of New York City (Alonzo L. Tyler, of .New York City, Otto Wolff, Jr., of Philadelphia, Pa., and Forrest E. Single, of New York City, of counsel),' for appellant., Biddle, Paul, Dawson & Yocum, of Philadelphia, Pa. (Howard H. Yocum, of Philadelphia, Pa., of counsel), for appellee.

Cases that cite this one

2 later published cases cite this decision.

Grace Line Inc. v. Grace Line Inc. (2d Cir. 1975)
Imperial Commodities Corp. v. Grace Line Inc. (2d Cir. 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

In this ease a libel was filed by the Atlantic Fruit Company, charterer, against the steamship Oritani for value of a cargo of bananas lost when the steamship ran on a reef. The case was heard in the court below and the libel dismissed. The questions involved were important, the testimony voluminous, and the facts conflicting. The trial judge filed a most comprehensive opinion, 40 F.(2d) 522, in which he discussed the proofs in great detail and the law applicable thereto. We have thoroughly studied the proofs and law bearing on each and all of the questions involved, and find ourselves in entire accord with his reasoning and conclusions. We are frank to say that after careful study and consideration of the ease we do not believe we can add to the opinion of the court below. We therefore limit ourselves to adopting the lower court’s opinion as our warrant in affirming the decree below.

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