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112 F. 448

Docket No. 1,034.

The Gertrude

Rhode Island District Court

Decided December 27, 1901.)

Rhode Island District Court · decided 1901-12-27

<p>In Admiralty. On exceptions to commissioner’s report.</p>

Cited by 4 later decisions — most recently January 1948

2 federal appellate · 1 district ·

2 counsel of record

Relies on Kimberly v. Arms · Callaghan v. Myers · Marquest v. Grant

Good law ✅— No negative treatment on recordhow we know

Decided 1901-12-27

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¶1Admiralty—Finding of Commissioner—Valuation of Vessel.

¶2The finding of a commissioner as to the value of a vessel lost in collision is entitled to great respect, and it will not be set ¿side where he acted within the bounds of reasonable judgment and upon conflicting testimony.

¶3In Admiralty. On exceptions to commissioner’s report.

¶4Matteson & Healy, for libelants.

¶5Comstock & Gardner, for claimant.

¶6BROWN, District Judge.

¶7At the hearing upon exceptions to the commissioner’s report all exceptions were abandoned save those relating to the finding of the commissioner as to the valuation of the vessel .at the time of the collision and loss. Upon an examination of the evidence, it appears that there was considerable legal evidence to support the finding of the commissioner; and it has not been made to appear that his valuation is so manifestly erroneous that it should be set aside. On the contrary, there was much conflicting testimony, and it is apparent that the commissioner acted within the bounds of reasonable judgment in fixing the valuation of the vessel at the sum of $6,000. The conclusions of the commissioner on a question of this character are entitled to great respect. The Elton, 31 C. C. A. 496, 83 Fed. 519, 520; The Cayuga, 8 C. C. A. 188, 59 Eed. 483, 488; Callaghan v. Myers, 128 U. S. 617, 666, 9 Sup. Ct. 177, 32 F. Ed. 547; Kimberly v. Arms, 129 U. S. 512, 524, 525, 9 Sup. Ct. 355, 32 F. Ed. 764.

¶8The commissioner’s report is affirmed, and a decree may be presented. accordingly. ■ >

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