378 F2d 941 Malm v. United States Lines Company
378 F.2d 941
Elof MALM, Appellee,
UNITED STATES LINES COMPANY, Appellant.
United States Court of Appeals Second Circuit.
Argued May 31, 1967.
Decided June 5, 1967.
Appeal from a judgment of the United States District Court for the Southern District of New York, Edward Weinfeld, J., sitting with a jury, finding appellant negligent, and from Judge Weinfeld's opinion denying appellant's motion to set aside the verdict and direct a verdict for appellant, or order a new trial.
Daniel J. Dougherty, New York City (Charles N. Fiddler, Kirlin Campbell & Keating, New York City, of counsel), for appellant.
Thomas E. P. McElligott, Fields, Rosen, McElligott & Auslander, New York City, for appellee.
Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.
We affirm on the basis of Judge Weinfeld's opinion in the District Court, reported at 269 F.Supp. 731 (S.D.N.Y. 1967).1
Since neither party on appeal raised the issue of maintenance and cure, we have not considered that portion of Judge Weinfeld's opinion