Carrol P. Dwyer, Libelant-Appellant v. Socony-Vacuum Oil Company, Inc.

We affirm in open court the decree of February 17, 1954 of the District Court for the Southern District of New York awarding the libelant $5,000 for damages sustained when he was overcome by gas fumes and fell to the deck of the storage tank on respondent’s S. S. Sachem in October, 1950. While the evidence of the slight permanent disability of Dwyer’s left heel would have supported a larger award by Judge Murphy, especially as he was only 28 years old at the time of the accident, we cannot say that the award was so low as to be monstrous or clearly erroneous.

Here there is no complaint…