Gomes v. Eastern Gas & Fuel Associates

ALDRICH, District Judge.

The essential facts in this seaman’s action for maintenance and cure were largely stated in the previous opinion overruling the defendant’s motion for summary judgment, reported in D.C., 127 F.Supp. 435. Thereafter the case was tried, and the jury having found for the plaintiff, the defendant moves under Rule 50 for judgment n. o. v., or, for a new trial. Essentially two grounds are involved in the motions.

The defendant construes my former opinion, placing the burden on the plaintiff to separate out from the cash settlement received from the third party who caused him…