Nowery v. Smith

Third Circuit

Nowery v. Smith

161 F.2d 732, 1947 U.S. App. LEXIS 2829, 1947 A.M.C. 756

Court of Appeals for the Third Circuit·Decided May 21, 1947·No. 9333·Published·Cited by 4 cases

Opinion

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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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.

Nowery v. Smith, 161 F.2d 732, 1947 U.S. App. LEXIS 2829, 1947 A.M.C. 756 (3d Cir. 1947).

Pincite

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Opinion

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