84 F. 697 | E.D. Pa. | 1898
After careful reading of the commissioner’s report and the briefs of counsel in support of their exceptions, I am satisfied that the exceptions should be dismissed. The commissioner’s findings relate to matters determinable by the evidence, and in my judgment they do the parties substantial justice. The evidence respecting the numerous disputed items is conflicting, and the commissioner’s duty was a difficult one. A different conclusion than that reached by him, respecting some of them, might possibly be sustained by the evidence as reported, but the commissioner, who saw and heard the witnesses, is best qualified to estimate the value of their testimony, and I have found nothing that would justify me in differing from him.
As respects the allowance for demurrage, I think the evidence of the vessel’s actual earning capacity is sufficient to answer the claim based on the charter; and in this respect the case resembles that of The Redruth (recently decided here) [26 C. C. A. 338, 81 Fed. 227]. As
The exceptions must be dismissed and the report confirmed.