Frederick Joseph Manchack v. S/s Overseas Progress
Court of Appeals for the Fifth Circuit
1Per curiam
Manchack, a seaman, who claimed he suffered personal injuries when he fell down a ladder on the S/S Overseas Progress, appeals from a judgment entered on a jury verdict finding that the defendant owner was not negligent and that the vessel was not unseaworthy. We affirm.
Manchack invites us to reverse the judgment as being clearly erroneous. This, of course, is not the proper standard to be applied in attacking a jury verdict. Where, as here, there is an evidentiary basis for the jury’s verdict, this Court’s function is exhausted, and Manchack is not free to relitigate the factual dispute.…
2Cases cited5 opinions
- Lavender v. KurnSupreme Court of the United States · 1946
- McCarthy v. American Eastern CorporationCourt of Appeals for the Third Circuit · 1949
- Andrew C. Gooden, Jr. v. Sinclair Refining Company v. Texaco, Inc.Court of Appeals for the Third Circuit · 1967
- Curd v. Todd-Johnson Dry Docks, Inc.Court of Appeals for the Fifth Circuit · 1954
- A. C. Stacey v. Sea-Drilling Corporation and Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1970
3Cited by15 opinions
- United States v. Gurleon Maxi Jackson, Talmadge Alvin Whitley and Nathan Phillip HicksCourt of Appeals for the Fifth Circuit · 1983
- United States v. John Arthur DanielsCourt of Appeals for the Fifth Circuit · 1978
- Eugene v. Thezan v. Maritime Overseas CorporationCourt of Appeals for the Fifth Circuit · 1983
- United States v. William E. WelliverCourt of Appeals for the Fifth Circuit · 1979
- United States v. Samuel Theodore Block, Robert Edwards, Russell F. Gleason, Donald M. BeckCourt of Appeals for the Eleventh Circuit · 1985
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