Henry v. Moore-McCormack Lines, Inc.

WALSH, District Judge.

In accordance with plaintiff’s request I have considered briefs on defendant’s motion to dismiss. I find no basis for changing the conclusion indicated at the trial. The complaint is dismissed because upon the facts and the law plaintiff has shown no right to relief.

My conclusion is reached as trier of the facts as well as the law. Accordingly, I have not given the most favorable possible view to plaintiff’s testimony. On the contrary, I give it only such weight as I believe it worth in the light of the credibility of his witnesses. Fed.Rules Civ.Proc. rule 41(b), 28…