THE S. B. WHEELER
The CHIEF JUSTICE delivered the opinion of the court.
Questions of fact only are presented by this appeal. There-is no dispute as to the law'. Two courts have already found against the appellants. It has been over and over again ruled by this court that under such circumstances the burden is on the appellant to show the error. Every presumption is in favor of the decrees below. We ought not to reverse unless the error is'clear. . Such is not the case here.
It is, indeed, urged that the claimants, by their own proof, established the' fact that there was no lookout at the bow of the Wheeler when the collision occurred. . This is so, but whether that was a, contributing fault was a question of fact, and that has been twice found against the appellants.
We are entirely satisfied with all the findings.
Judgment affirmed.
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The Iroquois, 194 U.S. 240 (U.S. 1904)…s court, both in. equity and admiralty cases, that this court will not reverse the concurring decisions of two subordinate courts upon questions of fact, unless there be a clear preponderance of evidence against their conclusions. The S. B. Wheeler, 20 Wall. 385; The Lady Pike, 21 Wall. 1, 8; The Richmond, 103 U. S. 540; Towson v. Moore, 173 U. S. 17; Smith v. Burnett, 173 U. S. 430, 436. As the decision of the District Court was unanimously af [*248] firmed by the Circuit Court of Appeals, we do not think…
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Smith v. Burnett, 173 U.S. 430 (U.S. 1899)…e is firmly established that successive decisions of -two courts in the same case, on questions of fact, are not to be reversed, unless clearly shown to be erroneous. Towson v. Moore, 173 U. S. 17; The Baltimore, 8 Wall. 377, 382; The S. B. Wheeler, 20 Wall. 385, 386; The Richmond, 103 U. S. 540. And when the evidence is conflicting, there being evidence to sustain the decree, this court will not ordinarily interfere. Tested by this rule we must assume on the record that the vessel in question was chartere…
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The "Richmond.", 103 U.S. 540 (U.S. 1880)…rned, the questions involved are of fact only. Two courts have already found against the appellants. Under such circumstances the burden is on the appellants to show the error, with every presumption in favor of the decrees below. The S. B. Wheeler, 20 Wall. 385. The testimony is voluminous and conflicting, but it certainly makes no' such clear case in favor of the appellants as will justify us in reversing the decrees against them. The decree of the Circuit Court will be consequently affirmed, and as it w…
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