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Collision evidence rule

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 54 U.S. 283 - John Walsh v. Patrick Rogers · 1851Most cited · 16 citing opinions

As is usual in cases of collision, each party makes out a good case by the testimony of the pilot and crew of his own boat. This collision occurred, also, after night; and although the night was not very dark, the most calm spectator, on such occasions, is subject to great illusions as to the motion and position of the respective vessels. ... We are disposed, therefore, to require that the appellant should be held to make out a pretty clear case of mistake in the court below, before he should expect a reversal of their judgment. Raising a doubt on contested facts, is not sufficient for the action of this court. An appeal should not be a mere speculation on chances.