Gaussen v. United Fruit Co.

McLEAN, District Judge.

This is a seaman’s action. Plaintiff obtained a jury verdict in his favor. Judge Tyler refused to set it aside, but he stated that defendant’s evidence was “overwhelmingly convincing.” In May 1969 the Court of Appeals reversed the judgment because of certain rulings on the admission of evidence and ordered a new trial. Gaussen v. United Fruit Company, 412 F.2d 72 (2d Cir.1969). It awarded costs of the appeal to defendant. Although the record is somewhat confused as to the amount of these costs, which apparently were erroneously computed in the first instance, I gather…