Stefanos Ktistakis v. United Cross Navigation Corp. And Carras (u.s.c.) Ltd.

After trial of the action, which was brought within the district court’s admiralty and maritime jurisdiction, the judge below, sitting without jury, awarded plaintiff damages of $40,000. He found plaintiff to have been so contributorily negligent that the $40,000 award represented but half of the recovery plaintiff would have been entitled to receive if he had not been negligent in any degree. This opinion is reported at 204 F.Supp. 293 (S.D.N.Y.1962). Upon appeal, 316 F.2d 869 (2 Cir. 1963), it was our view that the district judge may have given undue weight in his appraisement of…