Waldron C. Watson, Libellant-Appellant v. Joshua Hendy Corporation

We affirm the court below. The lengthy marshalling of the evidence by the trial judge, see 142 F.Supp. 335, need not be elaborated upon by us. The issue decided was unquestionably one of fact. If the libellant-appellant were the aggressor in the fracas he had with Captain Neville, and then if Captain Neville used no more force than was necessary to repel the assault upon him, Watson can recover from the defendant neither damages for his injuries, nor his maintenance and cure, for his injuries were caused by his own misconduct. Kable v. U. S., 2 Cir., 1948, 169 F.2d 90; Id., 2 Cir., 1949, 175…