E. D. STEPHENS, APPELLANT,
v.
OSAKA MERCANTILE STEAMSHIP COMPANY, LTD. AND SOUTHERN STEVEDORING & CONTRACTING COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the trial court's judgment, finding no clear error in the factual findings.
An injured longshoreman sued, alleging his injury resulted from a slanted working surface, which he claimed constituted negligence and unseaworthiness…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Unseaworthiness cases and more on FLexlaw
PER CURIAM.
This is an appeal from a judgment that an injured longshoreman take nothing. The plaintiff tried his case on the theory that he was injured as the result of working on a slanting working surface, that it was negligence to provide such a work surface, and that such a surface was an unseaworthy condition.
The case was tried to the district judge who found that the plaintiff’s foot slipped on a slanted surface, but that he could not say to what degree the surface was slanted. He further found that the plaintiff had failed to prove by a preponderance of the evidence that the injury he sustained was proximately caused by an unseaworthy condition aboard the vessel or that the injury he sustained was caused by any negligence of the defendants.
Appellant here reargues the facts of the case showing the possibility of conclusions different from those reached by the district judge. After a careful reading of the record, we are unable to say that the district judge’s findings of fact were clearly erroneous. Fed.Rules of Civil Procedure, 52(a).
No error appearing, the judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Horton & Horton, Inc. v. T/S J. E. Dyer, 428 F.2d 1131 (5th Cir. 1970)
-
Allen Williams b/n/f Louise J. Smyre v. United States, 379 F.2d 719 (5th Cir. 1967)
-
La. & Ark. Ry. Co. v. Fireman's Fund Ins. Co., 380 F.2d 541 (5th Cir. 1967)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence