Herbert Casselmann v. Tug Captain Kelly

Fifth Circuit

Herbert Casselmann v. Tug Captain Kelly

322 F.2d 820

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 24, 1963

Docket20085

StatusPublished

This text of 322 F.2d 820 (Herbert Casselmann v. Tug Captain Kelly) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herbert Casselmann v. Tug Captain Kelly, 322 F.2d 820 (5th Cir. 1963).

Pincite

Opinion

PER CURIAM.

Appellant brought a libel against the Tug CAPTAIN KELLY alleging that his injury was a result of its unseaworthiness. Specifically, he claimed that a ladder should have been provided for use in transferring to the tow, and that the tug’s crew was shorthanded.

The court below, sitting as judge of the law and trier of the facts, resolved the questions against appellant, finding that the Tug CAPTAIN KELLY was not unseaworthy and that the sole proximate cause of libellant’s injury was his own gross negligence. We find that fact issues were raised and we do not find the court’s findings to be clearly erroneous, nor its conclusions to be incorrect. 1

The judgment of the court below is affirmed.

1

. A claim for maintenance and cure was settled by the parties pending consideration by this Court of the appeal.

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