Lykes Bros. SS. Co. v. Grubaugh

Fifth Circuit

Lykes Bros. SS. Co. v. Grubaugh

130 F.2d 25, 1942 U.S. App. LEXIS 3025

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 5, 1942

DocketNo. 10128

StatusPublished

Cited by6 cases

This text of 130 F.2d 25 (Lykes Bros. SS. Co. v. Grubaugh) 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

Lykes Bros. SS. Co. v. Grubaugh, 130 F.2d 25, 1942 U.S. App. LEXIS 3025 (5th Cir. 1942).

Pincite

Opinion

PER CURIAM.

Appellee in his motion for rehearing calls to our attention that while our opinion held that the claim for damages was not made out and did not so hold as to the claim for maintenance and cure, the order entered by us was a general judgment, reversing not only as to the award of damages but also as to that for maintenance and cure. Urging that it was error not to affirm the judgment as a whole, he insists that in any event it should have been affirmed as to the recovery for maintenance and cure.

While we cannot agree with appellee that the judgment should have been affirmed throughout, we do agree with him that the recovery for maintenance and cure should be affirmed. The motion for rehearing is therefore granted to that extent and the order heretofore entered reversing the judgment of the District Court is modified so as to order the affirmance of the judgment as to the allowance of maintenance and cure and to limit its reversal to the award of damages.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellee in his motion for rehearing calls to our attention that while our opinion held that the claim for damages was not made out and did not so hold as to the claim for maintenance and cure, the order entered by us was a general judgment, reversing not only as to the award of damages but also as to that for maintenance and cure. Urging that it was error not to affirm the judgment as a whole, he insists that in any event it should have been affirmed as to the recovery for maintenance and cure.

While we cannot agree with appellee that the judgment should have been affirmed throughout, we do agree with him that the recovery for maintenance and cure should be affirmed. The motion for rehearing is therefore granted to that extent and the order heretofore entered reversing the judgment of the District Court is modified so as to order the affirmance of the judgment as to the allowance of maintenance and cure and to limit its reversal to the award of damages.

Cite This Page — Counsel Stack

Bluebook (online)

130 F.2d 25, 1942 U.S. App. LEXIS 3025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lykes-bros-ss-co-v-grubaugh-ca5-1942.

Opinion

Related

Cite This Page — Counsel Stack