Josephine Filotei v. United States Steel Company, a Corporation Formerly Carnegie-illinois Steel Corporation, Appellant, 193 F.2d 1009 (3d Cir. 1952)

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US Court of Appeals for the Third Circuit - 193 F.2d 1009 (3d Cir. 1952) Argued February 5, 1952
Decided February 15, 1952

Appeal from the Judgment of the United States District Court for the Western District of Pennsylvania; Nelson McVicar, Judge.


See also 187 F.2d 485.

Ira R. Hill, Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellant.

Hymen Schlesinger, Pittsburgh, Pa., for appellee.

Before GOODRICH and HASTIE, Circuit Judges and MODARELLI, District Judge.

PER CURIAM.

This is an appeal from a judgment in admiralty for the libellant in a suit for maintenance and cure. The sole question involved in the appeal is whether the libellant is entitled to retain the award for maintenance and cure made by the District Court. We think she is.

The respondent argues that libellant should have gone to the United States Marine Hospital in Pittsburgh for treatment and that her failure to do so prevents her from securing maintenance and cure. The short answer is that she had been discharged from that hospital. The respondent also argues that there is no evidence showing libellant's need for medical care during the period covered by the award. This is squarely contradicted by the trial judge's finding of fact No. 9 which is supported by substantial evidence on the record as a whole.

The judgment is affirmed, 98 F. Supp. 174.