In re Mid-South Towing Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the district court’s factual findings in a bench trial are reviewed for clear error
• “Credibility determinations are the province of the trier of fact, which in this case is the district court.”
• “Evidentiary presumptions . . . are designed to fill a factual vacuum. Once evidence is presented . . . presumptions become superfluous because the parties have introduced evidence to dispel the mysteries that gave rise to the presumptions.”
• \Evidentiary presumptions . . . are designed to fill a factual vacuum. Once evidence is presented . . . presumptions become superfluous because the parties have introduced evidence to dispel the mysteries that gave rise to the presumptions.\
• “[PJroperly cabined the scope of the Oregon rule, which speaks explicitly only to a presumed breach on the part of the abiding vessel, and is not a presumption regarding either the question of causation (either cause in fact or legal cause
• “[Properly cabined the scope of the Oregon rule, which speaks explicitly only to a presumed breach on the part of the alliding vessel, and is not a presumption regarding either the question of causation (either cause in fact or legal cause

Source: CourtListener parenthetical corpus (CC0).