Nowery v. Smith

Third Circuit Court of Appeals

Argued May 19, 1947.

Decided May 21, 1947.

Third Circuit Court of Appeals · decided 1947-05-21

2 counsel of record

Relies on 69 F. Supp. 755 - Nowery v. Smith

Opinion by (per_curiam) · Decided 1947-05-21

¶1Thomas F. Mount, of Philadelphia, Pa., for appellants.

¶2Abraham E. Freedman, of Philadelphia, Pa., for appellee.

¶3Before MARIS, GOODRICH, and KA-LODNER, Circuit Judges.

¶4PER CURIAM.

¶5The 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.

¶6The judgment of the district court will! be affirmed.