Citations
- 213 F.2d 561
Full opinion text
DAWKINS, District Judge.
Appellee libeled the cabin cruiser Clara Sue, belonging to appellant, for storage, labor and materials alleged to have been furnished to said vessel in the sum of $757.77. After certain exceptions by claimant, including a motion for particulars, complainant amended its libel and attached itemized invoices making up the demand. The claimant then answered, admitting in part some of the items, denying others, and reconvened by cross claim for damages to the vessel in the sum of $1,200.00 alleged to have been caused by the negligent failure of libelant to protect it against a windstorm.
The court below found that the libelant had furnished, at the request of the respondent, storage at the agreed rate of $10.00 per month for nine months and labor and materials in the sum claimed, $427.77, or a total of $517.77, for which it gave judgment. It rejected the cross claim for damages, holding respondent had failed to support the same by a fair preponderance of the evidence.
Claimant alone has appealed.
Alleged errors áre in substance: I. Libelant failed to sustain the burden of proof as to any of its claims for (a) storage, (b) labor and materials, and the trial court erred (c) in holding libelant “‘not guilty” of negligence causing the ■damage to appellant’s vessel, and further (d) in failing to make specific findings of fact as to the cross claim; II. The trial court erred in admitting libelant’s ledger sheet in evidence “without adequate predicate laid” in that (a) the original time and work sheets were available but not produced, (b) as were the workmen who allegedly performed the labor,