Scripps

Scripps v. Moran

Good Law
16 F.2d 259·1927 A.M.C. 561·1926 U.S. App. LEXIS 3822
United States Court of Appeals for the Ninth CircuitDecember 20, 1926No. 4791California505 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above). We have not the advantage possessed by the special master of seeing the witnesses and observing their demeanor, and thus estimating their credibility; but a careful consideration of the testimony leads us to the conclusion that the master properly weighed the evidence and correctly found the facts. There was evidence to sustain all of his findings. The appellee was a shipbuilder, with many years of experience. He had built the yacht for his own use. Capt. Tuttle, senior captain of the United States Guard Service, with 54 years of experience at sea, testified that the Sanwan was the strongest wooden vessel he had ever seen. By agreement between the parties, the charterer’s master and crew participated in the overhauling of the yacht before her delivery, and thereafter the-master receipted for the vessel as in good order. There was testimony that she was in every respect seaworthy. It is significant that the charterer, when he gave the- appellee notice of his intention to surrender the vessel, made no claim that she was unseaworthy, but stated only that she was unsatisfactory and not suited to his use. There was evidence tending to show that the…

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