Opinion · Court of Appeals for the Third Circuit

Nowery v. Smith

161 F.2d 732

Type: Opinion
Court: Court of Appeals for the Third Circuit
Jurisdiction: Federal
Date: 1947-05-21
Topic: general

PER CURIAM. The question presented is whether the plaintiff, a seaman, was entitled to maintenance and cure by reason of an injury suffered without fault on his part in a fight in a barroom while on shore leave in¡ a foreign port. For the reasons well stated in the opinion of. Judge Bard in the district court, 69 F.Supp. 755, denying the-defendant’s motion for judgment n. o. v. and for a new trial we think that the-award of maintenance and cure was-proper. The judgment of the district court will! be affirmed.

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Cited by: 4 opinions

NOWERY v. SMITH,161 F.2d 732(3rd Cir. 1947)

James N. NOWERY v. Howell B. SMITH and Algot W. Johnson, Individually and

Trading as Smith Johnson, Appellants.

No. 9333.

Circuit Court of Appeals, Third Circuit.

Argued May 19, 1947.

Decided May 21, 1947.

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Guy K. Bard, Judge.

Thomas F. Mount, of Philadelphia, Pa., for appellants.

Abraham E. Freedman, of Philadelphia, Pa., for appellee.

Before MARIS, GOODRICH, and KALODNER, Circuit Judges.

PER CURIAM.

The question presented is whether the plaintiff, a seaman, was entitled to maintenance and cure by reason of an injury suffered without fault on his part in a fight in a barroom while on shore leave in a foreign port. For the reasons well stated in the opinion of Judge Bard in the district court,69 F. Supp. 755, denying the defendant's motion for judgment n.o.v. and for a new trial we think that the award of maintenance and cure was proper.

The judgment of the district court will be affirmed.