Kreste v. United States
Court of Appeals for the Second Circuit
“5. That on the 18th day of July 1943, libellant was in the employ of T. Hogan & Sons, Inc., as a longshoreman. 6. That on said day, libellant was working aboard the said vessel ‘Henry S. Foote’ and engaged in stevedoring operations. 7. That at said time, libellant was acting as winch-man on the port winch at No. 1 hatch aboard said vessel. 8. That the respondent had the charge, care and management of the said winch. 9. That one of the members of the crew of said vessel put…
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“5. That on the 18th day of July 1943, libellant was in the employ of T. Hogan & Sons, Inc., as a longshoreman. 6. That on said day, libellant was working aboard the said vessel ‘Henry S. Foote’ and engaged in stevedoring operations. 7. That at said time, libellant was acting as winch-man on the port winch at No. 1 hatch aboard said vessel. 8. That the respondent had the charge, care and management of the said winch. 9. That one of the members of the crew of said vessel put oil and grease in said winch several times each day. 10. That in putting oil and grease in said winch, the said member…
1Opinion of the Court
FRANK, Circuit Judge.
1. The judge’s opinion and findings state facts which justify his legal conclusion as to appellant’s negligence. The evidence amply supports the judge on that issue of fact. It should be obvious by now that we will not consider appellant’s contentions which relate to the credibility of witnesses who testified in open court.1 The judge correctly computed the wages lost by appellee and the medical expenses. We see no reason to change the amount of the award for pain and suffering.2
2. But there remains the question of contributory negligence. The judge held that appellee was…
2Cases cited24 opinions
- Ford Motor Co. v. National Labor Relations BoardSupreme Court of the United States · 1939
- The Max MorrisSupreme Court of the United States · 1890
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- Zalkind v. ScheinmanCourt of Appeals for the Second Circuit · 1943
- Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1938
19 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Skidmore v. Baltimore & OR Co.Court of Appeals for the Second Circuit · 1948
- Guerrini v. United StatesCourt of Appeals for the Second Circuit · 1948
- David B. Dale v. Henry P. Rosenfeld, Doing Business Under the Firm Name and Style of Henry P. Rosenfeld Co., Samson Wallach and Abraham S. GechtmanCourt of Appeals for the Second Circuit · 1956
- Francisco Romero, Plaintiff-Appellee-Appellant v. Garcia & Diaz, Inc., Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1961
- Hawn v. Pope & Talbot, Inc. (Two Cases)Court of Appeals for the Third Circuit · 1952
21 more not listed; retrieve them via the Exa API.