Samuel H. Landy, Administrator of the Estate of Alvin R. Verbaecke, Deceased v. United States

Third Circuit

Samuel H. Landy, Administrator of the Estate of Alvin R. Verbaecke, Deceased v. United States

197 F.2d 524

Court of Appeals for the Third Circuit·Decided July 24, 1952·No. 10712_1·Published

Opinion

PER CURIAM.

The libellant, the administrator of a deceased seaman, appeals from a judgment in favor of the respondent entered by the district court in an action under the Jones Act, 46 U.S.C.A. § 688, for damages for the decedent’s death as the result of the alleged negligence of the respondent. The case was heard by Circuit Judge Kalodner, specially assigned to the district court, who in a careful opinion discussed the evidence at length and concluded that it was not sufficient to support a finding of negligence on the part of the respondent and that the libel should, therefore, be dismissed. 101 F.Supp. 486. We are in full accord with the conclusions of the district court for the reasons well stated by Judge Kalodner in his opinion. We, therefore, cannot hold his findings to be erroneous.

The judgment of the district court will be affirmed.

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PER CURIAM.

The libellant, the administrator of a deceased seaman, appeals from a judgment in favor of the respondent entered by the district court in an action under the Jones Act, 46 U.S.C.A. § 688, for damages for the decedent’s death as the result of the alleged negligence of the respondent. The case was heard by Circuit Judge Kalodner, specially assigned to the district court, who in a careful opinion discussed the evidence at length and concluded that it was not sufficient to support a finding of negligence on the part of the respondent and that the libel should, therefore, be dismissed. 101 F.Supp. 486. We are in full accord with the conclusions of the district court for the reasons well stated by Judge Kalodner in his opinion. We, therefore, cannot hold his findings to be erroneous.

The judgment of the district court will be affirmed.

Samuel H. Landy, Administrator of the Estate of Alvin R. Verbaecke, Deceased v. United States, 197 F.2d 524 (3d Cir. 1952).

Pincite

197 F.2d 524 (Samuel H. Landy, Administrator of the Estate of Alvin R. Verbaecke, Deceased v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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