Elof Malm, Appellee, v. United States Lines Company, Appellant, 378 F.2d 941 (2d Cir. 1967)

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US Court of Appeals for the Second Circuit - 378 F.2d 941 (2d Cir. 1967) Argued May 31, 1967
Decided June 5, 1967

Appeal from a judgment of the United States District Court for the Southern District of New York, Edward Weinfeld, J., sitting with a jury, finding appellant negligent, and from Judge Weinfeld's opinion denying appellant's motion to set aside the verdict and direct a verdict for appellant, or order a new trial.

Daniel J. Dougherty, New York City (Charles N. Fiddler, Kirlin Campbell & Keating, New York City, of counsel), for appellant.

Thomas E. P. McElligott, Fields, Rosen, McElligott & Auslander, New York City, for appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

PER CURIAM:

We affirm on the basis of Judge Weinfeld's opinion in the District Court, reported at 269 F. Supp. 731 (S.D.N.Y. 1967).1 

 1

Since neither party on appeal raised the issue of maintenance and cure, we have not considered that portion of Judge Weinfeld's opinion

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