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Nowery v. Smith

Circuit Court of Appeals, Third Circuit
May 21, 1947
161 F.2d 732 (3d Cir. 1947)

Opinion

No. 9333.

Argued May 19, 1947.

Decided May 21, 1947.

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Guy K. Bard, Judge.

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

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

Before MARIS, GOODRICH, and KALODNER, Circuit Judges.


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.


Summaries of

Nowery v. Smith

Circuit Court of Appeals, Third Circuit
May 21, 1947
161 F.2d 732 (3d Cir. 1947)
Case details for

Nowery v. Smith

Case Details

Full title:James N. NOWERY v. Howell B. SMITH and Algot W. Johnson, Individually and…

Court:Circuit Court of Appeals, Third Circuit

Date published: May 21, 1947

Citations

161 F.2d 732 (3d Cir. 1947)

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