Ottilie Ruth Sara Katz, Also Known as Mrs. Nathan Katz, and Cross-Appellee v. Cie Generale Transatlantique, a Corporation, Owner, and Cross-Appellant

Fourth Circuit

Ottilie Ruth Sara Katz, Also Known as Mrs. Nathan Katz, and Cross-Appellee v. Cie Generale Transatlantique, a Corporation, Owner, and Cross-Appellant

271 F.2d 590, 1959 U.S. App. LEXIS 3222, 1960 A.M.C. 52

Court of Appeals for the Fourth Circuit·Decided October 26, 1959·No. 7918_1·Published·Cited by 5 cases

Opinion

PER CURIAM.

While a passenger on the steamship Liberte on July 4, 1956, Ottilie Ruth Sara Katz, the appellant, injured her foot in striking it against a door sill said to have been negligently constructed and inadequately lighted. Some months later, on January 8, 1957, she fell in Richmond, Virginia, and fractured her wrist, as a result of which she suffered a disability which she claims has destroyed or impaired her earning power as a beautician. She attributes the second fall and injury to unsteadiness caused by the first injury, and seeks to hold the ship liable for both.

Her action was brought in admiralty, and the Judge, who sat without a jury, accepted her version of the accident aboard ship and awarded her $3000.00 damages for the foot injury. He held, however, that she had failed to carry the burden resting upon her to prove that the second injury, in Richmond, was caused by the earlier injury to the foot while on the Liberte, and he refused to award damages against the ship for the *591 second fall, which resulted in injury to her wrist. Mrs. Katz appealed and the ship cross-appealed.

In this court, counsel for the respective parties have argued earnestly and at length, but we perceive in the case nothing more than questions of fact as to which it was the Judge’s function to resolve the conflicting testimony. We cannot say that the Judge’s findings are clearly erroneous.

The judgment will be

Affirmed.

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PER CURIAM.

While a passenger on the steamship Liberte on July 4, 1956, Ottilie Ruth Sara Katz, the appellant, injured her foot in striking it against a door sill said to have been negligently constructed and inadequately lighted. Some months later, on January 8, 1957, she fell in Richmond, Virginia, and fractured her wrist, as a result of which she suffered a disability which she claims has destroyed or impaired her earning power as a beautician. She attributes the second fall and injury to unsteadiness caused by the first injury, and seeks to hold the ship liable for both.

Her action was brought in admiralty, and the Judge, who sat without a jury, accepted her version of the accident aboard ship and awarded her $3000.00 damages for the foot injury. He held, however, that she had failed to carry the burden resting upon her to prove that the second injury, in Richmond, was caused by the earlier injury to the foot while on the Liberte, and he refused to award damages against the ship for the *591 second fall, which resulted in injury to her wrist. Mrs. Katz appealed and the ship cross-appealed.

In this court, counsel for the respective parties have argued earnestly and at length, but we perceive in the case nothing more than questions of fact as to which it was the Judge’s function to resolve the conflicting testimony. We cannot say that the Judge’s findings are clearly erroneous.

The judgment will be

Affirmed.

Ottilie Ruth Sara Katz, Also Known as Mrs. Nathan Katz, and Cross-Appellee v. Cie Generale Transatlantique, a Corporation, Owner, and Cross-Appellant, 271 F.2d 590, 1959 U.S. App. LEXIS 3222, 1960 A.M.C. 52 (4th Cir. 1959).

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271 F.2d 590 (Ottilie Ruth Sara Katz, Also Known as Mrs. Nathan Katz, and Cross-Appellee v. Cie Generale Transatlantique, a Corporation, Owner, and Cross-Appellant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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