Elphicke v. White Line Towing Co.

Citations

• 106 F. 945
• 46 C.C.A. 56
• 1901 U.S. App. LEXIS 3641

Syllabus

<p>1. Court op Admiralty — Finding of Fact Presumptively Correct.</p> <p>A finding of fact by a court of admiralty upon conflicting evidence will not he reversed or modified by an appellate court unless there is a clear preponderance of evidence against it. *</p> <p>2. Agreement for Compensation by the Day for Salvage Services En-</p> <p>forceable.</p> <p>A contract by one party to pay at all events, and by the other to receive a fixed or deserved compensation for salvage services, Is as conclusive and enforceable as any other valid contract.</p> <p>3. Same — Burden of Proof.</p> <p>The burden of establishing such an agreement by a fair preponderance of evidence is upon the owners or claimants of the vessel or cargo who allege it.</p> <p>(Syllabus by the Court)</p>