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ERIE R. CO. v. THE CORNELL NO. 20

No. 80, Docket 20755.

164 F.2d 763 (1947)

ERIE R. CO. v. THE CORNELL NO. 20 et al. The NO. 289. THE CORNELL NO. 20. THE FRANK COONEY. THE ERIE NO. 258.

Circuit Court of Appeals, Second Circuit.

December 8, 1947.

Attorney(s) appearing for the Case

Hagen & Eidenbach, of New York City (Henry E. Eidenbach, of New York City, of counsel), for Erie R. Co.

Kirlin, Campbell, Hickox & Keating, of New York City (Robert S. Erskine and John H. Hanrahan, both of New York City, of counsel), for Cornell Steamboat Co.

George A. Garvey, of New York City, for Jarka Corporation.

Burlingham, Veeder, Clark & Hupper, of New York City (Stanley R. Wright, of New York City, of counsel), for Pennsylvania R. Co.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for New York Trap Rock Corporation and Christie Scow Corporation.

Before L. HAND, AUGUSTUS N. HAND and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Determination of the facts of a lawsuit, when the witnesses disagree about them, always presents difficulties. As the facts necessarily occurred in the past, and not in the trial judge's presence, he must undertake an historical reconstruction; and the wiser historians tell us that any such reconstruction is inherently guessy. For the likelihood is small that any mere mortal can acquire absolutely certain knowledge of bygone events. The probability...

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