U.S. Court of Appeals for the Seventh Circuit, 1906

Mercantile Trust Co. v. Chicago, P. & St. L. Ry. Co.

U.S. Court of Appeals for the Seventh Circuit · Decided May 1, 1906

147 F. 699; 78 C.C.A. 87; 1906 U.S. App. LEXIS 4283

Counsel

Philip B. Warren, for appellants., Samuel P. Wheeler, in pro. per., Henry A. Gardner, for appellees.

Cases that cite this one

1 later published case cites this decision.

Midland Bridge Co. v. Houston & B. V. Ry. Co. (5th Cir. 1920)

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.

The only question is whether the report of the-master, on which the decree appealed from is based, is supported by sufficient evidence. On every material element of appellee’s case evidence was produced. The master was in the best position to-judge of the weight and credibility of the testimony given orally before him, and his finding, approved by the Circuit Court, should not be disturbed by us, unless it appears that an obvious mistake was made in the consideration of the evidence. Crawford v. Neal, 144 U. S. 585, 12 Sup. Ct. 759, 36 L. Ed. 552. So far from this being true,, we are satisfied that the finding was amply justified by the record.

The decree is affirmed.

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